SB-0046, As Passed Senate, April 12, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 46

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2006 PA 110, entitled

 

"Michigan zoning enabling act,"

 

(MCL 125.3101 to 125.3702) by adding section 513.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 513. (1) A biofuel production facility with an annual

 

production capacity of not more than 100,000 gallons of biofuel is

 

a permitted use of property and is not subject to special land use

 

approval if all of the following requirements are met:

 

     (a) The biofuel production facility is located on a farm.

 

     (b) The biofuel production facility is located not less than

 

100 feet from the boundary of any contiguous property under

 

different ownership than the property on which the biofuel

 

production facility is located and meets all applicable setback


 

requirements of the zoning ordinance.

 

     (c) On an annual basis, not less than 75% of the feedstock for

 

the biofuel production facility is produced on the farm where the

 

biofuel production facility is located, and not less than 75% of

 

the biofuel or another product or by-product produced by the

 

biofuel production facility is used on that farm.

 

     (2) Subject to subsections (6) and (7), each of the following

 

is a permitted use of property if it receives special land use

 

approval under subsections (3) to (5):

 

     (a) A biofuel production facility with an annual production

 

capacity of not more than 100,000 gallons of biofuel that meets the

 

requirements of subsection (1)(a) and (b) but that does not meet

 

the requirements of subsection (1)(c).

 

     (b) A biofuel production facility with an annual production

 

capacity of more than 100,000 gallons but not more than 500,000

 

gallons of biofuel that meets the requirements of subsection (1)(a)

 

and (b).

 

     (3) An application for special land use approval for a biofuel

 

production facility described in subsection (2) shall include all

 

of the following:

 

     (a) A site plan as required under section 501, including a map

 

of the property and existing and proposed buildings and other

 

facilities.

 

     (b) A description of the process to be used to produce

 

biofuel.

 

     (c) The number of gallons of biofuel anticipated to be

 

produced annually.


 

     (d) An emergency access and fire protection plan that has been

 

reviewed and approved by the appropriate responding police and fire

 

departments.

 

     (e) For an ethanol production facility that will produce more

 

than 10,000 proof gallons annually, completed United States

 

department of the treasury, alcohol and tobacco tax and trade

 

bureau, forms 5000.29 (environmental information) and 5000.30

 

(supplemental information on water quality considerations under 33

 

USC 1341(a)), or successor forms, required to implement regulations

 

under the national environmental policy act of 1969, 42 USC 4321 to

 

4347, and the federal water pollution control act, 33 USC 1251 to

 

1387.

 

     (f) Information that demonstrates that the biofuel production

 

facility will comply with the requirements of subsections (2) and

 

(5).

 

     (g) Any additional information requested by the body or

 

official responsible for granting special land use approval and

 

relevant to compliance with a zoning ordinance provision described

 

in section 502(1) or 504.

 

     (4) A local unit of government shall hold a hearing on an

 

application for special land use approval under subsection (2) not

 

more than 60 days after the application is filed. For the purposes

 

of this section, the notice required under section 502(2) shall

 

provide notice of the hearing, rather than notice of a right to

 

request a hearing.

 

     (5) Special land use approval of a biofuel production facility

 

described in subsection (2) shall be made expressly conditional on


 

the facility's meeting all of the following requirements before the

 

facility begins operation and no additional requirements:

 

     (a) Buildings, facilities, and equipment used in the

 

production or storage of biofuel comply with local, state, and

 

federal laws.

 

     (b) The owner or operator of the biofuel production facility

 

provides the local unit of government with proof that all necessary

 

approvals have been obtained from the department of environmental

 

quality and other state and federal agencies that are involved in

 

permitting any of the following aspects of biofuel production:

 

     (i) Air pollution emissions.

 

     (ii) Transportation of biofuel or additional products resulting

 

from biofuel production.

 

     (iii) Use or reuse of additional products resulting from biofuel

 

production.

 

     (iv) Storage of raw materials, fuel, or additional products

 

used in, or resulting from, biofuel production.

 

     (c) The biofuel production facility includes sufficient

 

storage for both of the following:

 

     (i) Raw materials and fuel.

 

     (ii) Additional products resulting from biofuel production or

 

the capacity to dispose of additional products through land

 

application, livestock consumption, sale, or other legal use.

 

     (6) Subsections (2) to (5) do not apply to a biofuel

 

production facility if the zoning ordinance provides different

 

criteria for special land use approval of a biofuel production

 

facility located on a farm. An amendment to a zoning ordinance


 

adopted only to provide such criteria is not subject to a protest

 

petition under section 403.

 

     (7) A local unit of government may authorize a biofuel

 

production facility described in subsection (2) as a permitted use

 

of property not subject to a special land use approval.

 

     (8) This section does not affect the authority of a local unit

 

of government to prohibit or authorize biofuel production

 

facilities that are not located on farms.

 

     (9) As used in this section:

 

     (a) "Biofuel" means any renewable fuel product, whether solid,

 

liquid, or gas, that is derived from recently living organisms or

 

their metabolic by-products and meets applicable quality standards,

 

including, but not limited to, ethanol and biodiesel. Biofuel does

 

not include methane or any other fuel product from an anaerobic

 

digester.

 

     (b) "Ethanol" means a substance that meets the ASTM

 

international standard in effect on the effective date of this

 

section as the D-4806 specification for denatured fuel grade

 

ethanol for blending with gasoline.

 

     (c) "Farm" means that term as defined in section 2 of the

 

Michigan right to farm act, 1981 PA 93, MCL 286.472.

 

     (d) "Proof gallon" means that term as defined in 27 CFR

 

19.907.