September 22, 2010, Introduced by Senator HUNTER and referred to the Committee on Energy Policy and Public Utilities.
A bill to amend 1995 PA 30, entitled
"Electric transmission line certification act,"
by amending sections 7 and 8 (MCL 460.567 and 460.568), as amended
by 2004 PA 198, and by adding section 5a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) After the effective date of the amendatory act
that added this section, an electric utility, affiliated
transmission company, or independent transmission company shall
construct any major transmission line underground unless the
commission determines that an underground major transmission line
is not feasible.
(2) If the commission determines that an underground major
transmission line is not feasible under subsection (1), an electric
utility, affiliated transmission company, or independent
transmission company shall construct a buffer zone of 330 feet
between that portion of the major transmission line that is not
underground and any school or residential area.
(3) Not later than 6 months after the effective date of the
amendatory act that added this section, the commission shall adopt
standards for best management practices for electromagnetic fields
resulting from major transmission lines. The standards shall be
based on the latest scientific and medical research on
electromagnetic fields and shall include design techniques for
major transmission lines. The commission shall submit a report to
the house and senate standing committees with oversight of public
utilities issues setting forth the standards and a description of
the method used in selecting the standards.
Sec. 7. (1) An electric utility that has 50,000 or more
residential customers in this state, an affiliated transmission
company, or an independent transmission company shall apply to the
commission for a certificate for a proposed major transmission
line. An applicant may withdraw an application at any time.
(2) An application for a certificate shall contain all of the
following:
(a) The planned date for beginning construction.
(b) A detailed description of the proposed major transmission
line,
its route, and its expected configuration and use, and any
residential areas, schools, or other land uses located adjacent to
the major transmission line route.
(c) A description and evaluation of 1 or more alternate major
transmission line routes and a statement of why the proposed route
was selected.
(d) If a zoning ordinance prohibits or regulates the location
or development of any portion of a proposed route, a description of
the location and manner in which that zoning ordinance prohibits or
regulates the location or construction of the proposed route.
(e) The estimated overall cost of the proposed major
transmission line.
(f) Information supporting the need for the proposed major
transmission line, including identification of known future
wholesale users of the proposed major transmission line.
(g) Estimated quantifiable and nonquantifiable public benefits
of the proposed major transmission line.
(h) Estimated private benefits of the proposed major
transmission line to the applicant or any legal entity that is
affiliated with the applicant.
(i) Information addressing potential effects of the proposed
major transmission line on public health and safety, including, but
not limited to, the potential effects of any electromagnetic field
produced by the major transmission line.
(j) A summary of all comments received at each public meeting
and the applicant's response to those comments.
(k) Information indicating that the proposed major
transmission line will comply with all applicable state and federal
environmental standards, laws, and rules.
(l) Information indicating that the proposed major transmission
line will comply with any best management practices adopted by the
commission under section 5a.
(m) (l) Other
information reasonably required by the commission
pursuant to rule.
Sec. 8. (1) Upon applying for a certificate, the electric
utility, affiliated transmission company, or independent
transmission company shall give public notice in the manner and
form the commission prescribes of an opportunity to comment on the
application. Notice shall be published in a newspaper of general
circulation in the area to be affected within a reasonable time
period after an application is provided to the commission and shall
be sent to each affected municipality and each affected landowner
on whose property a portion of the proposed major transmission line
will be constructed. The notice shall be written in plain,
nontechnical, and easily understood terms and shall contain a title
that includes the name of the electric utility, affiliated
transmission company, or independent transmission company and the
words "NOTICE OF INTENT TO CONSTRUCT A MAJOR TRANSMISSION LINE".
(2) The commission shall conduct a proceeding on the
application as a contested case under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Upon receiving an
application for a certificate, each affected municipality and each
affected landowner shall be granted full intervenor status as of
right in commission proceedings concerning the proposed major
transmission lines.
(3) The commission may assess certificate application fees
from the electric utility, affiliated transmission company, or
independent transmission company to cover the commission's
administrative costs in processing the application and may require
the electric utility, affiliated transmission company, or
independent transmission company to hire consultants chosen by the
commission to assist the commission in evaluating those issues the
application raises.
(4) The commission shall grant or deny the application for a
certificate not later than 1 year after the application's filing
date. If a party submits an alternative route for the proposed
major transmission line, the commission shall grant the application
for either the electric utility's, affiliated transmission
company's, or independent transmission company's proposed route or
1 alternative route or shall deny the application. The commission
may condition its approval upon the applicant taking additional
action to assure the public convenience, health, and safety and
reliability of the proposed major transmission line.
(5) The commission shall grant the application and issue a
certificate if it determines all of the following:
(a) The quantifiable and nonquantifiable public benefits of
the proposed major transmission line justify its construction.
(b) The proposed or alternative route is feasible and
reasonable.
(c) The proposed major transmission line does not present an
unreasonable threat to public health or safety.
(d) The applicant has accepted the conditions contained in a
conditional grant.
(e) The proposed major transmission line complies with any
best management practices adopted by the commission under section
5a.
(6) A certificate issued under this section shall identify the
major transmission line's route and shall contain an estimated cost
for the transmission line.
(7) If construction of a proposed major transmission line is
not begun within 5 years of the date that a certificate is granted,
the certificate is invalid and a new certificate shall be required
for the proposed major transmission line.