Five Stories That Matter in Michigan This Week – November 8, 2024

  1. New Approval Procedures for Large-Scale Renewable Energy Projects to Take Effect on November 29, 2024

The Michigan Public Service Commission and other state regulators have recently finalized procedures for approval processes for large-scale solar and wind projects to implement a 2023 law that transfers decision-making authority, in some cases, from local governments to the state. The new procedures will take effect on November 29, 2024.

Why it Matters: Renewable energy project approval processes will, in most instances, still need to begin at the local level. However, the law allows developers to seek state approval from the Public Service Commission if a project is denied by a local government.

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  1. Business Education Series: Referral Generation: Avoid Peaks & Valleys in Your Sales Funnel

Every business owner prefers a referral to a cold lead. Referrals have a basis of trust and understanding that makes the sales process simpler to execute and winning easier to achieve. Referrals can’t be generated intentionally however, right? On Tuesday, December 17, Ian Richardson, BBA, CSAP, MCSA, Principal Consultant, Fox & Crow Group LLC & Managing Partner, Richardson & Richardson Consulting, LLC, will discuss how this is incorrect.

Why it Matters: Learn how to structure an intentional referral generation pipeline from existing clients while minimizing the risk of client churn. Three takeaways include preparing conversations with clients, retention efforts for clients who are not ready to refer, and review of how to prepare a referral list for clients. Full information and to register.

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  1. Two House Bills Introduced Aimed at Amending Minimum Wage, Earned Sick Time Leave Act

House Bills 6056 and 6057 were introduced into the Michigan House this week, seeking to amend the Earned Sick Time Leave Act, and keep the tipped wage at the current 38%.

Why it Matters: The bipartisan legislation aims to keep the tipped wage at 38%, while slightly accelerating the minimum wage increase, as well as providing a clearer definition of an employee, and how employers can manage benefits. This legislation comes as the state is preparing for the February 21, 2025 deadline, where the minimum wage and paid sick time leave laws will be altered.

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  1. Michigan Court of Appeals Confirms Commercial Roof Replacement Qualifies as “New Construction” for Property Tax Purposes

In a recent decision that clarifies the scope of property tax “additions” under Michigan law, the Court of Appeals held that installing a new roof on a commercial building constitutes “new construction” that can trigger increases in taxable value beyond the standard legislative cap.

Why it Matters: By confirming that even basic building improvements like roof replacements constitute “additions” that can trigger increased tax assessments, the ruling clarifies a power that local tax assessors have long possessed but may not have consistently exercised.

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  1. FTC Overhaul of Hart-Scott-Rodino Act Pre-Merger Notification Rules

On October 10, 2024, the Federal Trade Commission (FTC) unveiled extensive modifications to the Hart-Scott-Rodino Act (HSR) pre-merger notification regulations. These changes, set to take effect in January 2025, significantly expand disclosure requirements for mergers and acquisitions.

Why it Matters: The Act applies to transactions that meet specific size thresholds, which are adjusted annually. Generally, in 2024, transactions where one party has a size of at least $239 million; the other party has a size of at least $23.9 million; and the size of the transaction is at least $119.5 million, must be reported. The Act aims to give regulators the opportunity to review potentially anticompetitive deals before they are consummated.

Related Practice Groups and Professionals 

Energy, Utilities & Telecommunication | Sean Gallagher
Business & Tax
Labor, Employment & Civil Rights | David Houston

Five Stories That Matter in Michigan This Week – November 1, 2024

  1. Michigan Court Rules Conservators Can Choose Lower Purchase Offers Based on Circumstances

In Tomcal v. Beird, a conservator accepted a $300,000 offer (plus $25,000 for personal property) over a potentially higher $305,000-$325,000 offer with contingencies for the sale of an incapacitated person’s real estate, and the Michigan Court of Appeals upheld this decision.

Why it Matters: This ruling establishes that conservators aren’t strictly required to accept the highest monetary offer when selling property, and can consider other factors like timing and certainty of sale when making decisions in the ward’s best interests.

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  1. FTC Overhaul of Hart-Scott-Rodino Act Pre-Merger Notification Rules

On October 10, 2024, the Federal Trade Commission (FTC) unveiled extensive modifications to the Hart-Scott-Rodino Act (HSR) pre-merger notification regulations. These changes, set to take effect in January 2025, significantly expand disclosure requirements for mergers and acquisitions.

Why it Matters: The Act applies to transactions that meet specific size thresholds, which are adjusted annually. Generally, in 2024, transactions where one party has a size of at least $239 million; the other party has a size of at least $23.9 million; and the size of the transaction is at least $119.5 million, must be reported. The Act aims to give regulators the opportunity to review potentially anticompetitive deals before they are consummated.

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  1. Business Education Series: Referral Generation: Avoid Peaks & Valleys in Your Sales Funnel

Every business owner prefers a referral to a cold lead. Referrals have a basis of trust and understanding that makes the sales process simpler to execute and winning easier to achieve. Referrals can’t be generated intentionally however, right? On Tuesday, December 17, Ian Richardson, BBA, CSAP, MCSA, Principal Consultant, Fox & Crow Group LLC & Managing Partner, Richardson & Richardson Consulting, LLC, will discuss how this is incorrect.

Why it Matters: Learn how to structure an intentional referral generation pipeline from existing clients while minimizing the risk of client churn. Three takeaways include preparing conversations with clients, retention efforts for clients who are not ready to refer, and review of how to prepare a referral list for clients. Full information and to register.

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  1. Record Third Quarter Cannabis Sales in Michigan

Michigan has broken another of their own records in the cannabis industry, August through October, adult-use and medical sales totaled $850,039,220.08, topping last quarter’s amount of $836,999,633.86, making this quarter the highest ever total so far in Michigan.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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  1. New Law for Siting Renewable Energy and Energy Storage Projects in Takes Effect November 29, 2024

In the fall of last year, HB 5120 (now Public Act 233 of 2023) was enacted. It establishes a new permitting process for large-scale wind, solar, and energy storage projects. The law grants the Michigan Public Service Commission (MPSC) the authority to site such utility-scale renewable energy facilities.

Why it Matters: The law preempts local control over certain aspects zoning and other ordinances for solar energy facilities with a capacity of 50 megawatts or more, wind energy facilities with a capacity of 100 megawatts or more, and energy storage facilities with a capacity of 50 megawatts or more. The law will take effect on November 29, 2024.

Related Practice Groups and Professionals 

Trusts & Estates
Energy, Utilities & Telecommunication | Sean Gallagher
Business & Tax
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – August 23, 2024

  1. Michigan to Receive $129 Million in Federal Funds for Renewable Energy 

It was recently announced that Michigan will receive $129 million in federal funds to accelerate the siting, zoning and permitting of large-scale renewable energy projects. The funds will come from the federal Inflation Reduction Act’s Climate Pollution Reduction Grant program.

Why it Matters: Michigan, like many other states, has set aggressive goals to decarbonize its electric grid over the next decade.

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  1. Strategic Alliance Announced Between Fraser Trebilcock and Cheltenham Law

Fraser Trebilcock Davis Dunlap & Cavanaugh P.C. is excited to announce a strategic alliance with Cheltenham Law, PLLC. As both firms have a strong presence in the Greater Lansing and Detroit regions, this collaboration brings together two prominent law firms seeking to strengthen their opportunities in Michigan.

Why it Matters:  Cheltenham Law offers clients the full spectrum of legal representation and guidance in matters such as divorce, custody, criminal defense, and estate planning. This arrangement allows Fraser Trebilcock to use its knowledge and expertise in the areas of family law, criminal defense, and estate planning, among others, to enhance its presence in the Greater Lansing and Detroit regions. Read more.

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  1. Fraser Trebilcock Welcomes John R. Fifarek to the Firm

Fraser Trebilcock is pleased to announce the hiring of attorney John R. Fifarek who will work primarily in the firm’s Lansing office.

Why it Matters: Mr. Fifarek is an attorney with over four decades of experience in real estate matters advising property owners, developers, buyers, sellers, commercial landlords and tenants in the development, sale, purchase and leasing of property, environmental, land use and planning matters, and in court and administrative proceedings. Learn more.

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  1. Michigan CRA Publishes July ’24 Data: Average Price Decreases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sale of an ounce of cannabis in July was $79.70, a decrease from $85.88 in June. This is a decrease from July 2023, where the average price was $98.65.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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  1. Comment Period Ends for Federal Cannabis Rescheduling

On May 20, the U.S. Department of Justice and the Drug Enforcement Administration issued a Notice of Proposed Rulemaking to initiate the proposed rescheduling of cannabis from Schedule I to Schedule II under the Controlled Substance Act. A 60-day public comment period then began, which ended in late July.

Why it Matters: Following the end of the public comment period, the DEA will review the public comments, may incorporate comments as appropriate, and then finalize the rescheduling rule. Typically, a final rule becomes effective 30 days after being published in the Federal Register.

Related Practice Groups and Professionals

John Fifarek
Energy, Utilities & Telecommunication | Sean Gallagher
Cannabis Law | Sean Gallagher