From the President
Rick Throop
MSTA President
With fall upon us I hope everyone has had a productive and profitable summer. Looking up and seeing the leaves changing in the cooler temperatures, reminds us that we will be having winter really soon which generally leads to a little bit slower time of the year for all of us. Between the heavy workload and coaching Football, I found myself with little time to relax, so some downtime in the winter might be nice.
MSTA recently had our fall meeting at National Vacuum Equipment. There were about 55 members in attendance. I would like to thank Bill Lievense, our MSTA lobbyist in Lansing, for attending the meeting and giving us all an update as to the goings on in our capital. Bill was able to discuss and answer questions on the current sanitary code bill that is being worked on and how that is progressing through the legislative process. I would like to send a special thank you to Winson Nim who runs National Vacuum Equipment in Traverse City and Jordan Fekete-Ritter for arranging lunch. As usual, they provided us with an amazing lunch and the beautiful facility to enjoy. Mike Chouinard who is also from National Vacuum Equipment put on a nice presentation as well. I would also like to thank Nick Holtschlag, Rich Garbacik and Matt from Meters Inc. for doing their presentation as well. Meters Inc. has some very interesting products and will be having a booth at our Annual Conference in February.
Speaking of the MSTA Annual Conference, there is some exciting things going on this year. The dates of our conference are Tuesday, February 11 through Thursday, February 13 at Soaring Eagle Resort in Mt. Pleasant. On Monday, February 10 NAWT will be putting on two different classes. One will be a Vacuum Truck training course and the other will be an Inspector Training course. You can sign up to take these courses by going to the MSTA website at www.msta.biz.
I look forward to seeing everybody at our upcoming conference and hope this fall and winter and the holiday season fi nd you well, and you can enjoy some time with family and friends.
Thank You,
Rick Throop MSTA President
The Importance of a Company Handbook
In the dynamic environment of business, clarity and consistency are paramount. One tool that significantly contributes to these aspects is the company handbook. Often underestimated, a well-crafted handbook serves as a cornerstone for a successful organization, offering a myriad of benefits to both employers and employees.
1. Foundation of Organizational Culture
A company handbook articulates the values, mission, and vision of the organization. It sets the tone for the workplace culture, providing employees with a clear understanding of the company’s principles and expectations. By outlining the ethical standards and behavioral norms, the handbook ensures that all employees are aligned with the company’s goals and philosophy, fostering a cohesive and positive work environment.
2. Clarification of Policies and Procedures
One of the primary functions of a company handbook is to document the policies and procedures governing the workplace. This includes attendance policies, dress code, safety regulations, and more. By providing detailed guidelines, the handbook reduces ambiguity and minimizes misunderstandings. Employees are more likely to adhere to policies when they are clearly defi ned, leading to smoother operations and reduced conflict.
3. Legal Protection
A comprehensive handbook can serve as a legal safeguard for both the company and its employees. It helps ensure compliance with federal, state, and local laws by outlining necessary regulations such as anti-discrimination policies, workplace safety standards, and employee rights. In the event of legal disputes, a well-documented handbook can provide evidence that the company has communicated its policies and expectations, which can be crucial in mitigating legal risks.
4. Onboarding and Training Tool
For new hires, the company handbook is an invaluable resource. It facilitates the onboarding process by providing essential information about the company, helping new employees acclimate more quickly and efficiently. Additionally, it serves as a training tool, offering guidance on job responsibilities, performance expectations, and professional development opportunities. This ensures that employees have a reference point for their roles and can contribute effectively from the outset.
5. Consistency in Management
A company handbook promotes consistency in management by ensuring that all employees are treated fairly and equally. It provides managers with a framework for making decisions regarding discipline, promotions, and other HR matters. This consistency helps to build trust within the organization, as employees perceive that rules and policies are applied uniformly, reducing the potential for favoritism or bias.
6. Enhancing Communication
Effective communication is crucial in any organization, and the handbook plays a pivotal role in this regard. It centralizes important information, making it easily accessible to all employees. This can include details on company benefits, grievance procedures, and emergency protocols. By serving as a single source of truth, the handbook enhances transparency and ensures that employees are well-informed, thereby improving overall communication within the company.
7. Adaptability to Change
In an ever-evolving business landscape, companies must be adaptable. A company handbook is a living document that can be updated to reflect changes in policies, procedures, and legal requirements. Regularly revising the handbook ensures that the organization remains compliant with new laws and regulations and that employees are kept up to date with the latest company practices. This adaptability is key to maintaining a resilient and forward-thinking organization.
The company handbook is much more than a simple set of rules; it is a fundamental tool that underpins the success of an organization. By clearly communicating the company’s values, policies, and procedures, it establishes a solid foundation for a positive and productive workplace. It protects the company legally, aids in employee training and development, ensures management consistency, enhances communication, and provides the flexibility to adapt to change. Investing time and resources into creating and maintaining a comprehensive company handbook is an investment in the organization’s longterm success.
Submitted by Jason Spangle, MSTA Vice President
Boost Your Septic Business: Essential Digital Marketing Tips
By Luke Eggebraaten
In today’s digital landscape, having a strong online presence is crucial for your septic company. The times are changing and it’s important to stay on top of your game so that your business can live on and prosper for generations to come. I have put together three key areas to focus on that can significantly enhance your visibility online and customer engagement. The great part about these tips, they are quick and easy to implement.
1. Google Business Profile Optimization
Your Google Business Profile (GBP) is one of the most powerful tools for local SEO (search engine optimization) and can directly influence how potential customers fi nd you. Here’s a checklist I put together to easily optimize your profile:
● Claim and Verify Your Listing: For starters, you need to make sure you have a Google Business Profile that is claimed, verified and active. The easiest way to fi nd your profile is to go to google.com/business . This is all free to use and is one of the most powerful tools when it comes to being found online.
● Accurate Business Information: Double-check that your name, address, phone number, and business hours are correct. In the digital marketing world, we call this your NAP profile and is a signal that Google looks when deciding where to rank your website. Consistency across all platforms is vital for local SEO, even down to the comma or period in your business name as it is registered with the state.
○ Example: If my business is registered with the state as Phaser Marketing, I need to make sure that on all platforms it is spelled the same, the address is the same, and the phone number is exactly the same. There are tools out there we use like yext.com to easily manage NAP profiles with one click of the mouse.
● Engaging Photos:
○ Update Photos Regularly: Add high-quality images of your team, services, and equipment. Show the before and after photos of what your team can do. This helps potential customers see what you offer, but most importantly, see how you can help them solve their issue.
○ Remove Bad Photos: Delete any low-quality or irrelevant images to maintain a professional appearance. Also scanning through to make sure everyone is wearing any necessary PPE and there are no hazards or unprofessional shots in your photos.
● Service Listings: Utilize the “Products” feature to list your services with clear descriptions. Include keywords related to your services (e.g., septic tank installation, pumping, and maintenance). Spend some extra time on this one. Write out the different products you offer, what tanks you typically use, any emergency services, etc. Be thorough and specific on these.
● Use the Q&A Feature: Monitor and respond to questions
in the Q&A section. Proactively add common questions and answers to provide instant information to potential customers. This feature acts like a FAQ feature but for your Google Business Profile! Typically does not get used by most businesses so this can give you a leg up on your competition.
● Post Updates Regularly: Share posts about promotions, new services, or industry tips. This keeps your profile active and engaging. When our team works with a septic client, we put out one post every week (4 per month). These don’t need to be life-changing events, just keeping the content fresh. I would also recommend scheduling these out in advance. Have an office manager, admin, or your marketing agency write out 4-8 posts at once and then schedule them out 1-2 months in advance. Time = money
(continued from page 3)
● Respond to Reviews: Engage with customers by responding to reviews. Thank them for positive feedback and address any concerns in negative reviews, showing your commitment to customer satisfaction. Any time you see a 1-star review come in, I recommend giving that person a call immediately to try and rectify the situation. More often than not, you can get them to delete the review which is a HUGE win. Do what you need to do to get it removed. This bullet point is the perfect segway into my next category below.
2. Focus on Google Reviews
In the septic industry, online reviews can make or break your business. Potential customers often rely on these testimonials to gauge the quality and reliability of your services. Google also uses this as one of their main signals when deciding who they want to show up in the top 3 when someone searches “septic pumping contractor near me”. Here’s how to effectively manage and leverage your Google Reviews for maximum impact: Why Google Reviews Matter
● Trust and Credibility: Positive reviews enhance your company’s reputation, making you more trustworthy in the eyes of potential customers. Studies show that a high number of positive reviews can lead to increased conversions.
● Local SEO Benefits: Google considers reviews when determining local search rankings. A higher volume of positive reviews can improve your visibility in search results, resulting in more leads and opportunities.
● Encourage Reviews: After completing a job, ask satisfied customers to leave a review. You can send a follow-up email with a direct link to your GBP. You will see a much higher success rate if you ask them to write the review while you are at their property AND sending them the direct review link (this can be found in your Google Business Profile). As you are cleaning up their yard and putting things away, this is the perfect time for them to write it on their phone. That way you can ensure the 5 star review went through before heading off to your next job. Rinse and repeat.
● Respond to All Reviews: Like I mentioned in the first section, responding to all reviews is very important and incredibly easy to do.
○ Positive Reviews : Thank customers for their feedback, and express your appreciation for their support.
○ Negative Reviews : Address any complaints professionally and promptly. Offer to resolve the issue and invite them to contact you directly. This demonstrates your commitment to customer service. Most often, you can ask them to delete the negative review.
● Showcase Reviews on Your Website: Highlight positive testimonials on your website to enhance credibility. Consider creating a dedicated “Reviews” or “Testimonials” page.
3. Optimize Your Website
Your website is your digital storefront and should reflect your professionalism. Here are key areas to focus on:
● User-Friendly Design: Ensure your website is easy to navigate, with clear menus and a logical layout. A clean design helps visitors find information quickly.
● Mobile Responsiveness: Ensure your site is optimized for mobile devices. A significant portion of web traffic comes from mobile users, and a responsive design improves user experience.
● SEO Best Practices:
○ Keyword Optimization : Use relevant keywords throughout your site. Focus on local keywords (e.g., “septic services in [City]”) in titles, headings, and content.
○ Meta Tags: Optimize meta titles and descriptions to improve click-through rates from search engine results.
● Content Creation :
○ Educational Blog Posts: Create content that addresses common septic questions, maintenance tips, and industry updates. This positions you as an expert and helps with SEO.
○ FAQs Page: Include a frequently asked questions section to address common customer inquiries.
● Clear Calls to Action (CTAs): Use strong CTAs throughout your site to guide visitors to contact you, request a quote, or schedule a service. Essentially, these are just buttons on your website that visitors can click to contact you. Like a “call now” button, or “get started”, or “contact us”.
● Fast Loading Speed: Ensure your website loads quickly. Use tools like Google PageSpeed Insights to identify and fix any issues.
Wrapping Up
When you think about your business short-term vs. long-term, it changes the way you make decisions. Most of the septic contractors we work with are working towards a stronger online presence so that they can build a legacy that their grandkids and great-grandkids will one day take over. A business with systems in place that are growing and innovating with the world. This type of transformation doesn’t happen overnight, but many great things take time. It can be small changes at first but focus on building good marketing habits. If you have any questions, I will be attending the MSTA conference again in February! You can also reach out to me with any questions below. Let’s go!
Luke Eggebraaten Founder of Phaser Marketing
Call or Text: (218) 234-7345
Email: luke@phasermarketing.com
Website: phasermarketing.com
2025 MSTA Conference Registration Form
Soaring Eagle Resort, Mt. Pleasant MI February 11-13, 2025
USE THIS FORM FOR CHECK PAYMENT ONLY. OTHERWISE REGISTER ONLINE AT WWW. MSTA.BIZ
COMPANY NAME:
ADDRESS: ________________________________________________________________________
CITY: ________________________________________ STATE: _______ ZIP: ___________
EMAIL ADDRESS: ______________________ (required) PH # : _____________________ (required)
REGISTRATION FEES
Member price: (circle one) Hotel Information
$160 per person* before January 1 Call 877-232-4532. Mention Room
$190 per person* after January 1 Block Code MSTA021025 for a special rate for Monday night-Wednesday night
Non-Member price: (circle one)
$450 per person* before January 1
$480 per person* after January 1
I will be attending the following days: Tuesday
Wednesday
Thursday
* includes all meals and 1 banquet ticket for Annual Banquet on Wednesday night
Additional People attending from same company:
NAME: _____________________________________________ (circle) Tues, Wed, Thurs $________________
NAME: ___________ (circle) Tues, Wed, Thurs $________________
NAME: _____________________________________________ (circle) Tues, Wed, Thurs $________________
NAME: _____________________________________________ (circle) Tues, Wed, Thurs $__
Each person registered gets 1 banquet ticket. If you would like additional banquet tickets for guests, enter the number of additional tickets you would like to purchase at $40 each.
Additional Tickets ______________ X $40 each $____ TOTAL FEE
Make check payable to: MSTA and send to 1181 LaCosta Drive DeWitt, MI 48820
LOCATION
Michigan Septic Tank Association 2025 Annual Conference
Vendor and Sponsor Packet
Soaring Eagle Resort, Mt. Pleasant, Michigan
DATE OF CONFERENCE
Tuesday, February 11, 2025 at noon – Thursday, February 13, 2025 at noon
TIMELINE
Exhibit Set Up: Tuesday, February 11 8am – 11am.
Show Hours: Tuesday, Feb 11 11am – 6pm and Wednesday, Feb 12 8am – 6pm
Exhibit Tear Down: Wednesday after banquet or Thursday, Feb 13 8am – Noon
REGISTRATION
To register, go to www.msta.biz Payment can be in the form of a check or credit card.
QUESTIONS?
For questions, email Karlyn Wickham at executiveofficer@msta.biz or call 989-808-8648.
HOTEL
Call 877-232-4532. Mention Room Block Code MSTA021025 for a discounted rate. Room block is for Monday, February 10 through Wednesday, February 13 only.
PRICING
Sponsorships
1 Conference
$2,500
2. Meet and Greet Reception (Tuesday, Feb 11)……………………………………….……$1,500
2. Banquet Dinner (Wednesday, Feb 12)………………………………………………………..$1,500
Exhibit Booth(s)
6’ skirted table and 2 chairs within a 10’ wide X 8’ deep space with electric included. Cost of booth includes all meals for 1 person and admission to all presentations. The annual auction takes place at the Banquet on Wednesday night. There is a booth discount for those bringing an item for the auction with a value of $100 or more.
Booth cost w/ auction item………………………………………………………………………………$ 650
Booth cost without auction item ………………………………………………………………………$ 750
Additional person at booth ………………………………………………………………………………$ 175
THERE IS A $100 DISCOUNT FOR THOSE WHO WANT TO EXHIBIT AND SPONSOR
Pictures from the 2024 MSTA Annual Conference
NAWT / MSTA Inspector Training
February 10, 2025 (the day before the Annual Conference starts)
Soaring Eagle Resort, Mt. Pleasant
Cost to attend for members: $250 (if paid before Jan 1) $275 (if paid after Jan 1)
Cost to attend for NON-members: $500 (if paid before Jan 1) $525 (if paid after Jan 1).
The NAWT Inspector Training class is a nationally recognized Onsite Wastewater Treatment System (OWTS) class developed to provide training, education, testing and certification for individuals conducting NAWT OWTS Inspections for property transfers, system functionality and county or homeowner association requirements. This course covers the basics of OWTS their purpose, components, and functionality, along with the NAWT Standard on how to complete an inspection for all OWTS from the basic gravity fed systems through complex systems with advanced treatment. The NAWT OWTS Inspection is an Operations Level inspection. Identifying all parts and components and assessing their condition and identify deficiencies. This is the generally accepted course that state and county health departments use for their certification requirements for individuals operating as OWTS Inspectors.
REGISTER AND PAY ONLINE AT WWW.MSTA.BIZ
HOTEL RESERVATIONS:
Call 877-232-4532. Mention Room Block Code MSTA021025 for a discounted rate of $139 per night plus applicable taxes. If you are attending the MSTA Annual Conference, use this room code for your entire stay.
NAWT / MSTA Vacuum Truck Training
Monday, February 10, 2025
Soaring Eagle Resort, Mt. Pleasant Register at www.msta.biz
NAWT / MSTA Inspector Training
Monday, February 10, 2025
Soaring Eagle Resort, Mt. Pleasant Register at www.msta.biz
2025 MSTA Annual Conference
Tuesday, February 11 –Thursday, February 13
Soaring Eagle Resort
Mt. Pleasant, MI
Online registration for vendors coming soon
Online registration for attendees coming in early fall
2025 MSTA Spring Meeting
Saturday, April 12
Serv-All Services are hosting Carleton, MI
More information coming in 2025
NAWT / MSTA Vacuum Truck Training
February 10, 2025 (the day before the Annual Conference starts)
Soaring Eagle Resort, Mt. Pleasant
Cost to attend for members: $175 (if paid before Jan 1) $200 (if paid after Jan 1)
Cost to attend for NON-members: $350 (if paid before Jan 1) $375 (if paid after Jan 1)
The Vacuum Truck Technician training course is targeted to those that own or operate a vacuum truck which is used to clean septic tanks, aerobic treatment units, holding tanks or grease traps. It is directed specifically at owners and employees who may just be starting in business and need a good solid base of information to work with to perform their daily tasks. At the same time this one-day training provides a good refresher and overview for even experienced operators.
Topics of instruction include:
• Materials to pump and avoid
• Government regulations
• Truck equipment and components
• Drive and Control Mechanisms
• Basic and advanced pump out skills and procedures
• Loading and unloading
• Safety and emergency response plans
• Customer interaction and education
• Reasons to manage these materials
• Basic science of vacuum and pressurization
• Pumps
• Basic Pump Truck Operation
• Manifests and reports
HOTEL RESERVATIONS:
REGISTER AND PAY ONLINE AT WWW.MSTA.BIZ
Call 877-232-4532. Mention Room Block Code MSTA021025 for a discounted rate of $139 per night plus applicable taxes. If you are attending the MSTA Annual Conference, use this room code for your entire stay.
your
financing
Septic Replacement Loan Program
The Septic Replacement Loan Program , created in partnership with the Michigan Department of Environment, Great Lakes, and Energy and Michigan Saves, provides low-interest financing to Michigan homeowners for the replacement of failing or nearfailing septic systems.
Becoming a Michigan Saves authorized septic installation contractor is free and simple. Give your customers accessible, tailored financing to replace their septic systems and invest in the sustained comfort of their homes.
What To Do About Those Bad Online Reviews
Attorney Corinne S. Rockoff is a small business advocate and company shareholder at Maddin Hauser. A no -nonsense go-getter, Corinne specializes in a wide range of business-related areas, including construction, financial services, real estate, and mortgages not to mention more septic litigation than any lawyer she knows. Today, she discusses what you can do about those damaging one-star reviews.
Bad reviews. Nobody likes them, but even if you do everything right, chances are you’ll get at least one. And while sticks and stones might not break your small business bones, an unfair and inaccurate review can actually do a lot of damage.
Responding to online complaints is a delicate balancing act between addressing legitimate concerns and dispatching internet trolls. It’s also a necessary one. Negative comments aren’t something you can ignore the internet is forever, after all and yet, one misstep along the path to resolution can easily send you careening down a slippery slope of escalating damages, wasted time and lost sales.
This begs the very important question: What’s a small business owner to do about those bad online reviews?
Reach Out to the Customer Directly
As anyone who's ever used social media knows, good problem-solving rarely happens in the comments section. That’s why the first thing you should do with a bad review is reach out to the customer directly, ideally by phone to make a more personal connection.
In our experience, most bad reviewers just want a solution. They want someone to validate their concerns and empathize with their predicament. Before jumping into problem-solving mode, start by listening to the customer’s concerns, no matter how frustrating they may be. Offer sympat hy and support while they vent and try not to argue. Often, humble listening and a workable solution are all it takes to resolve a bad review.
Fighting with an emotionally unstable person isn't productive, though, so if the customer isn't receptive or becomes hostile, it's time to disengage. In these situations, protecting your business might mean deleting the offending review. But if that's not an option, consider posting a respectful response in the comments. This publicly
documents your resolution attempts and reassures other customers that you take their complaints seriously.
Send Your Own Message
Occasionally, you get a customer who seems dedicated to bringing you down. These folks aren't your garden variety reviewers but a special class of disgruntled customers. They infiltrate multiple review platforms with fake accounts and saturate the internet with one-star ratings designed to purposefully hurt your business.
These situations are stressful and incredibly frustrating. Before you reach for revenge, though, try sending your own message. Contact your favorite business attorney and have them draft a cease and desist letter for you. A cease and desist is a formal document that demands someone stop a specific behavior. It outlines why their actions are illegal and warns the recipient that the sender may pursue legal action if they don't comply.
This formal, written communication can do wonders to stop business harassment. That legal stationery and law firm logo is often enough to get even the most persistent dissatisfied customer to back off no lawsuit necessary.
"But they lied!" some of you are thinking. "Can't I sue them?"
When that thought crosses your mind, it’s usually a good time to hit the brakes. Even if you have grounds to sue, legal retribution might not be as grand as you think.
Revenge Isn’t as Sweet as You Think
Bad reviews are understandably upsetting especially when they're not true! Lies can have a real, tangible impact on a person's livelihood. It's enough to make many business owners daydream about filing a libel or slander lawsuit.
Libel and slander are civil charges that fall
under "defamation law." Both involve false statements that harm another person's or business's reputation. The key difference between them is in how the statements are delivered.
In Michigan, libel can be applicable to defamatory written statements, while slander addresses spoken statements. This means most online reviews are probably libelous. (Although you could make a good argument for slander if the reviewer included a video.) However, to succeed with either charge, you must prove the statement is false and directly harmed your business.
Unfortunately, proving these elements can be difficult especially since there are some broad exceptions for opinions and free speech in defamation law. This means even if your situation meets the technical requirements for libel or slander, suing over a bad review is rarely worth it. Lawsuits are time-consuming, stressful, and, most of all, expensive. In most cases, you'll probably lose more in legal fees than you will by simply mitigating the fallout of negative feedback.
What Doesn’t Kill You Makes You Stronger
Learning to cope with bad reviews is essential to owning a business. If nothing works (and it's not bad enough to sue), you may have to roll with the punches and move forward. View each negative comment as an opportunity to improve your public relations strategies and connect with customers. And, when all else fails, call in every favor you know and flood your site with positive reviews. As the singers, poets, and soccer coaches all say, what doesn't kill you makes you stronger.
Have a legal question for Corinne Rockoff? Get in touch: (248) 827 -1881 or CRockoff@maddinhauser.com. You can also chat with her in person at the 2025 MSTA annual conference in Mt. Pleasant, MI, February 11-13, 2025.
Legislative Report by Bill Lievense, Capitol Group Consultants LLC
MSTA Continues Work On Proposed Septic Code Legislation
MSTA is currently working on draft 8 of proposed legislation amending Michigan’s Public Health Code to establish a statewide septic code (HB 4479/SB279) and create a wastewater technical advisory committee (HB 4480/SB 300). The bills create a new Part 128: Onsite Wastewater Treatment Systems in the public health code.
Concerns with the bills have been expressed by various stakeholders including MSTA, the Department of Environment, Great Lakes & Energy (EGLE), local health departments and environmental groups. MSTA representatives have met multiple times with the primary bill sponsor, Rep. Phil Skaggs (D-East Grand Rapids). MSTA has also hosted multiple tours of septic installation sites with Mr. Skaggs and his staff.
Remaining issues continue to center around key definitions of system failure/non-conformance, minor repairs, maintenance, frequency of inspections, inspector certification, local health department staffing & funding, available waste disposal capacity and financing assistance mechanisms for system repairs or replacements. There is also an open issue around the requirement of pumping for system evaluations.
MSTA has submitted multiple comments on the latest draft 8 of the bills. We are looking for revised drafts of the bills—hopefully with our latest amendments included. The bill sponsors are shooting for a possible committee hearing on the bills as early as late October.
Legislature Reconvenes After Summer Break
The Michigan Legislature reconvened in late September after its Summer Break. With the upcoming election on November 5th, don’t expect much activity as Michigan House members are busy campaigning for reelection. The Governor’s office has indicated it wants to see action on SOAR economic development funding and R&D tax credits. Senate Energy & Environment Committee chair Sean McCann has an interest in carbon capture and sequestration legislation, extended producer responsibility legislation and polluter pay legislation. Business Groups Seeking Amendments Following Michigan Supreme Court Striking Down “Adopt & Amend” For Minimum Wage & Paid Medical Leave
Background:
In 2018, sufficient signatures were gathered to put two initiatives on the ballot to impose new minimum wage and paid medical leave requirements on Michigan employers. When an initiative receives sufficient signatures, the Legislature can either allow it to go on the ballot or approve the initiative without it going on the ballot. In the Fall of 2018, the Republican controlled legislature chose to approve both measures citizen-initiated without them going on the ballot. The legislature subsequently passed bills (PA 368 of 2018 and PA 369 of 2018) to amend the previously enacted publicly initiated laws to remove provisions which were considered onerous to businesses----a practice referred to as “adopt and amend. In 2019, the Legislature sought an advisory opinion from the Michigan Supreme Court on the matter which was denied with the court stating the matter should go through the normal judicial process.
The legality of the “adopt and amend” process has been opined upon by more than one of Michigan’s attorneys general (Kelley and Schuette) with differing opinions. There are many complex issues involved including both the ability of the Legislature to adopt and amend as well as the time frame within which it may act---i.e. in the same legislative session in which it was enacted and/or before the effective date of the legislation.
The matter was appealed to the Michigan Supreme Court for final adjudication. On July 31, 2024 the Michigan Supreme Court ruled the Legislature’s “adopt and amend” process was unconstitutional because the initiated laws were amended in the same legislative session. The two ballot proposals from 2018 will now take effect in their original form with amended wage amounts, timelines, etc. as directed by the Court.
The original Improved Workforce Opportunity Wage Act will be phased in beginning February 21, 2025 (205 days after the July 31, 2024 court opinion) as if that day were January 1, 2019 with an inflation adjustment based upon the court decision date of July 31, 2024.
The original Earned Sick Time Act will go into effect on February 21st and require one hour of paid leave for every 30 hours worked .It will apply differently to small and larger businesses. Employees of small businesses (fewer than 10 employees) are allowed to accrue and use 40 hours of paid leave and employees of larger employers (10 or more) are allowed to accrue and use 72 hours of paid leave
Path Forward On Minimum Wage:
Since the Supreme Court decision in July, the Supreme Court has slightly modified the implementation schedule for the minimum wage implementation in a subsequent September 18th court order. The hotel and restaurant industry is calling upon the Governor and Legislature to restore prior tipped wage provisions.
Path Forward On Earned Sick Time Act:
Business Interests have called upon the Governor and Legislature to clarify the Earned Sick Time Act while unions have urged policymakers to leave the new laws as is. The business community is calling for five specific changes to make the new law more palatable: 1.) Exempt plans that meet or exceed the mandated 72 hours, 2.) Exempt small businesses and certain workers, 3.) Require time to be used in full/half-day increments and allow employers to require advanced notice, 4). Eliminate private right of action and rebuttable presumption against employers and 5.) Allow employers to frontload 72 hours at the start of the year. Expect a push for legislation to amend portions of the 2018 initiated laws prior to their court determined effective dates.
Identity Theft Bill & Anti-Price Gouging Bill Packages Introduced
A package of bills (SB 888-892) has been introduced by Senator Rosmary Bayer (D-Keego Harbor) to impose new identity theft measures on Michigan businesses. Senate Bill 888 would require private and State entities that had access to State residents’ personal information to maintain security procedures for the protection of that information. These procedures would include the assignment of a security coordinator and the implementation of appropriate safeguards to protect the information, among other things. In the case of a security breach, the bill would require an entity to notify affected residents and provide specific information concerning consumer protections and actions taken to rectify the breach. If a breach affected more than 100 residents, the entity would have to notify the Attorney General. The bill would prescribe civil fines for failing to comply with the bill’s requirements. Senate Bills 889 through 892 would modify Michigan Compiled Laws (MCL) references in various acts in accordance with Senate Bill 888’s proposed changes. Banking and credit union trade associations testified against the bills citing existing strict federal rules already in place.
Michigan attorney general Dana Nessel is supporting both the identity theft package and a new anti-price gouging bill package(SB 954-956) which would create a new Hotel and Lodging Pricing Protection Act, Commodities And Emergency Services and Supplies Pricing Protection Act and a new Energy Pricing Protection Act. The bills would protect consumers from price gouging during and reasonably after the declaration of an emergency.
TENORM Waste Ban Legislation Sidelined
Rep. Reggie Miller (D-Ann Arbor) introduced legislation (HB 5923) to effectively ban the disposal of Technically Enhanced Naturally Occurring Radioactive Material (TENORM) in Michigan landfills. This comes amid the proposed disposal of 6,000 tons of out-of-state radioactive waste from New York into a Detroit landfill (Wayne Disposal) by the U.S. Army Corps of Engineers. According to USEPA, TENORM is defined as, “Naturally occurring radioactive materials that have been concentrated or exposed to the accessible environment as a result of human activities such as manufacturing, mineral extraction, or water processing.” Radioactive elements are present in many soils and rock formations, and consequently in the water that comes into contact with them. Extraction and processing of these resources may expose or concentrate NORM, causing them to be classified as TENORM. Since there are multiple sources of extremely low and safe levels of TENORM in Michigan waste streams across all sectors of the economy, the bill faced strong opposition and has been sidelined for now.
“Polluter Pay”/Environmental Clean Up Standard Bills Introduced
Under the moniker of “polluter pay” legislation (SB 605 & SB 606) has been introduced to revise Michigan’s environmental clean-up standards under Part 201 of the Natural Resources & Environmental Protection Act (NREPA). These bills essentially require the clean-up of contaminated sites to drinking water standards if technically feasible rather than a clean-up level based upon the future intended use of the property as is the case under current law. These bills could see action in the Fall lame duck legislative session. Please see excerpt from SB 606 below.
(b) Except as otherwise provided in subsections (4) and (5), attain a degree of cleanup and control of the environmental contamination addressed by the remedial action that meets all of the following requirements:
(i) To the extent technically practical, meets the cleanup criteria for the intended land use and restores any affected aquifer to state drinking water standards.
(ii) To the extent technically practical, stops or reverses any vertical or horizontal expansion of the contaminated area or a ground contamination plume.
(iii) Otherwise complies with all applicable or relevant and appropriate requirements, rules, criteria, limitations, and standards of state and federal environmental law.
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Tipping Fee Increase Still Possible In Fall
Under Governor Whitmer’s proposed FY25 budget, the current 36 cent per ton tipping fee would increase to $5.00 per ton. EGLE has also proposed raising the tipping fee on high volume, low hazard waste increase from 12 cents per ton to $1.67 per ton. The $80 million in anticipated revenue would be used for the clean-up of contaminated sites, recycling and other programs. This $80 million would be in addition to the current general fund budget allocation of $80 million for the RENEW Michigan program.
The FY 2024/2025 EGLE budget passed without language to increase the solid waste tipping fee. However, this is largely due to legislators not wanting to vote for a “tax increase” in an election year. Promoters of increasing the fee increase want to “continue the discussion” about increasing the fee. There is concern the tipping fee increase proposal will reappear this Fall or after the election in the lame duck legislative session.
Extended Product Responsibility (EPR) Bill Introduced
Extended Producer Responsibility (EPR) is a policy that makes producers responsible for their products throughout the entire lifecycle, including at the post-consumer stage. Rep. Aiyash has introduced legislation (HB 5902) to impose new Extended Producer Responsibility packaging reduction and recycling requirements on manufacturers and marketers of products in Michigan. Similar bills have been enacted in 5 other states. The business community has serious concerns about the impact of this legislation on their products and packaging. Recycling advocates are committed to enacting this legislation and are working on amendments to make the Aiyash draft more moderate along the lines of legislation recently enacted in Minnesota. Please see an excerpt from the bill below.
Sec. 17703. (1) Beginning 1 year after the execution of a contract with the packaging reduction organization selected through the competitive bidding process under section 17704 or the designation of a state agency as the packaging reduction organization under section 17704, a producer shall not sell, offer for sale, or distribute in this state a product contained, protected, delivered, presented, or distributed in or using packaging unless the producer is both of the following:
(a) Registered with the packaging reduction organization under section 17705.
(b) In full compliance with all requirements of this part.
(2) A producer shall annually report to the packaging reduction organization both of the following:
(a) The total amount, by weight, of each type of packaging material sold, offered for sale, or distributed in this state by the producer in the prior calendar year.
(b) All information necessary for the producer and the packaging reduction organization to meet their obligations under section 17705.
(3) A producer shall submit to the packaging reduction organization, in a manner and format to be determined by the department, all fees assessed on the producer by the packaging reduction organization under section 17708.
(4) A producer shall annually submit, to both the department and the packaging reduction organization, a written declaration signed by the chief executive officer, verifying the producer’s compliance with sections 17710, 17711, and 17712.
(5) A producer is exempt from this part in a calendar year if any of the following apply:
(a) The producer realized less than $1,000,000.00 in total gross revenue during the prior calendar year.
(b) The producer sold, offered for sale, or distributed in this state products contained, protected, delivered, presented, or distributed in or using less than 1 ton of packaging material in total during the prior calendar year.
Bill To Consider Environmental Justice In Air Permitting Introduced
Representative Aiyash has introduced legislation (HB 5901) which would require consideration of environmental justice factors in air permitting decisions. The bill only has two sponsors and prospects for consideration are not strong.
Unemployment Insurance Benefits Would Increase Under Dem Plan
Legislation (HB 5827) expanding unemployment benefits from 20 to 26 weeks cleared the House on a straight party line vote of 56-54 before the legislature adjourned for the summer. Democrats are working on a comprehensive revamp of Michigan’s unemployment law which would not only increase the number of weeks from 20-26, but also increase the taxable wage base and weekly benefit significantly from the current $362 to as much as $606 per week. Senator Cherry has been holding work group meetings addressing issues with unemployment benefits. Expect possible action on a package in the Fall.
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Possible Cut In UI Taxable Wage Base
The Unemployment Insurance Agency (UIA) has reported that if current trends continue there could be a reduction in the current unemployment insurance taxable wage base from the current $9,500 to $9,000 since the UI Trust Fund balance looks to exceed $2.5 billion by the end of the year.
Major Workers Compensation Still Under Consideration This Year
Labor groups and trial lawyers are working on a package of bills to reform Michigan’s worker compensation law to reverse 2011 laws that courts have upheld in favor of employers. The proposals would expand who would qualify for benefits, increase benefits and create new opportunities for litigation. The Labor Committee chairs in both chambers support the proposed changes. Business groups are strongly opposed.
R&D Tax Credit Legislation Advances As Several Bills Sent To Governor
Legislation (HB 5099, HB 5100, HB 5101, HB 5102, HB 4368) to create a Research & Development Tax Credit has cleared the Michigan House and Senate. HB 4368, HB 5099 and HB 5103 have been enacted into law. HB 5100 and HB 5101 have been sent back from the Senate to the House for concurrence but are expected to move forward when the legislature reconvenes late this summer. The bills would establish a Research and Development (R&D) tax credit for eligible taxpayers and employers. “Qualifying research and development expenses” means qualified research expenses as that term is defined in section 41(b) of the internal revenue code of 1986, 26 USC 41, for research conducted in this state.” Taxpayers and authorized businesses with 250 or more employees could claim up to $2.0 million per taxpayer or business, respectively, per year. Taxpayers and authorized businesses with fewer than 250 employees could claim up to $250,000 per taxpayer or business, respectively, per year. Additionally, taxpayers or employers could claim up to $200,000 in an additional credit for expenses from collaboration with a research university. The aggregate number of R&D credits could not exceed $100.0 million, and if they did, the Department of Treasury (DOT) would have to prorate the credits as prescribed by the bills. The bills would require the DOT to submit an annual report concerning the effectiveness and operation of the proposed R&D tax credits.
Former “Good Jobs”/Now
“HIRE”
Bills Clear Senate
The Good Jobs for Michigan Program was an economic development tool that sought to create new jobs in the State. It was created in 2017 and sunset in 2019. A package of bills (See Summary of SB 579-SB 581) has been introduced to amend the Michigan Strategic Fund Act to rename the Good Jobs for Michigan Program as the High-wage Incentive for Regional Employment in (HIRE) Michigan Program. It also modifies the requirements for certified new jobs under the Program, the requirements that a business would have to meet to be considered as eligible for the HIRE Program. The package has been passed by the Senate and referred to the House Committee On Economic Development and Small Business. A similar package has been introduced in the House (HB 5413, HB 5414, HB 5415) with one committee hearing held in February.
Revised Economic Development Incentive Program Clears Senate/Faces Hurdles
Legislation (HB 5095, HB 5104, HB 5105, HB 5106, HB 5107) to rename the Strategic Outreach & Attraction Reserve (SOAR) Fund the “Make It In Michigan” Fund and revise the awarding of incentives to add community benefits previously passed the House. The Critical Industry program, the Strategic Site Readiness program, and the Michigan 360 program would be considered the three “Make it in Michigan” programs.
A similar package cleared the Senate (SB 559, SB 560, 561, 562, 569) just prior to Spring Break. Both bill packages remain controversial as under the Michigan 360 Program they divert 50% of project economic development funds to the local communities for various purposes (including infrastructure and childcare) rather than solely to the project.
SB 559 and SB 562 have passed the Senate and been favorably reported from the House Economic Development Committee. HB 5768, HB 5769 and HB 5770 have been favorably reported out of the House Economic Development Committee. The bills are controversial as they call for $600 million per year in dedicated corporate income tax revenue for the next 10 years. They also seek to split economic development incentive awards with local units of government under a prescribed formula. To date the Governor has not supported the use of funds for purposes other than the economic development project itself.
Bill To Expand Prevailing Wage To Renewable Energy Projects Enacted
Legislation (SB 571) sponsored by Senator John Cherry to require solar and wind energy projects to pay the prevailing wage has passed both the House and Senate and been signed into law by the Governor.
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MPSC Working On Implementation of New Energy Laws
The MPSC has been working on implementing recent changes required by updates to Michigan’s energy laws including
• Public Act 231 which brings significant updates to the Integrated Resource Plan (IRP) Statute, including revisions to IRP & MIRPP Filing Requirements.
• Public Act 235 which establishes a new clean energy standard, aiming for 80% clean energy by 2035 and 100% by 2040. To meet these goals, electric providers will need to submit Clean Energy Plans by 2028.
To address these legislative changes, on February 8, 2024, the Commission initiated Case No. U-21570 to begin implementing the IRP-related provisions in the 2023 Clean Energy Laws. On September 30, Staff will be posting a redline version of the IRP & MIRPP filing requirements and a straw proposal for the Clean Energy Plan Filing Requirements. These documents will be available on the Commission’s website.
MPSC Increases Power Outage Credit To $40 Per Day
The MPSC announced an increase in the daily power outage credit to $40 per day. (U-20629)
MPSC Releases Performance Audit Of Major Utilities
The MPSC announced comprehensive results from an audit of DTE Electric Co. and Consumers Energy Co., an extraordinary examination of the operations of the state’s two largest electric utilities aimed at getting to the root causes of lagging reliability and slow service restoration times. The MPSC launched the effort in 2022 amid a string of widespread outages and public frustration with unreliable service (Case No. U-21305).
AG Seeks Reduction In DTE Electric Rate Case
Attorney General Dana Nessel announced she is seeking to reduce the amount of the increase in the pending DTE electric rate case (U-21534) from 10% to 3%.
AG Seeks 70% Reduction In Consumers Electric Rate Case
Attorney General Dana Nessel announced she is seeking a 70% reduction in the amount of increase requested by Consumer Energy in its pending electric rate case. (U-21585)
MPSC Approves Reduced Consumers Gas Rate Increase
The MPSC announced it has approved Consumers Energy’s request for an increase in the gas rate, but reduced the award from the requested $136 million to $35 million.
MPSC Takes Next Steps In Strengthening Distribution Planning
The MPSC announced it is taking several steps to strengthen the role of utility electric distribution plans in addressing reliability challenges. (U-20147)
MSPC Takes Next Steps On Interconnection & Distributed Energy Resources
The Michigan Public Service Commission announced a series of orders to clarify processes associated with the interconnection of distributed energy resources such as solar and energy storage onto utility grids and also offered guidance on the implementation of the state’s energy laws enacted in 2023.
AG Applauds EGLE’s Launch of Environmental Justice Screening Tool
Attorney General Dana Nessel announced her support for EGLE’s formal release of its Environmental Justice Screening Tool (MiEJScreen). EGLE released the inaugural issue of its new Michigan Environmental Justice Newsletter in June, 2024.
Public Comment Sought On Hazardous Waste Rule Revisions
The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Materials Management Division (MMD), has posted draft revisions to the administrative rules promulgated under Part 111, Hazardous Waste Management, Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451). The proposed rules are available to download electronically.
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MSTA Marketing Corner
Announcing our new MSTA Facebook Page and YouTube Channel
We now have an MSTA Facebook Page, Instagram Page and YouTube Channel. These social media platforms will be your access to industry resources and event information for MSTA Members and the public. See below how you can access and subscribe to these.
Facebook Page: If you have a Facebook account, search Michigan Septic Tank Association and be sure to LIKE the page. We will be posting links and resources for our members and the public.
Instagram Page: Search for Michigan Septic Tank Association and Click FOLLOW.
YouTube Channel: From the Facebook Page you can scroll through the posts to find where you can click on the link to subscribe to our YouTube Channel. You can also go to YouTube.com or your YouTube App and search Michigan Septic Tank Association. Highlights of the 2023 MSTA Annual Conference and speaker presentations are loaded to this channel.
