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.