January 20, 2011, Introduced by Senator MEEKHOF and referred to the Committee on Agriculture.
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 is a permitted use
of property in any agricultural zoning district and is not subject
to special use or site plan approval if both of the following
requirements are met:
(a) None of the land adjacent to the land on which the biofuel
production facility is to be located is zoned residential.
(b) Not more than 500,000 proof gallons of biofuel will be
produced at the facility annually.
(2) A biofuel production facility that does not meet the
requirements of subsection (1) is a permitted use of property in
any agricultural district, subject to special land use approval.
(3) An application for special land use approval for a biofuel
production facility 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. In addition to meeting any other setback requirements,
buildings and other facilities shall be at least 100 feet from any
property line bordering the site.
(b) A description of the process to be used to produce
biofuel.
(c) The number of proof 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 listed in subsection
(4).
(g) Any additional relevant information as required by the
body or official responsible for granting special land use
approval.
(4) Special land use approval of a biofuel production facility
shall be made expressly conditional on the facility's meeting all
of the following requirements before the facility begins operation:
(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 natural
resources and environment 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, and additional products
used in, or resulting from, biofuel production.
(c) The biofuel production facility includes both of the
following:
(i) Sufficient storage for raw materials and fuel.
(ii) Sufficient storage for additional products resulting from
biofuel production or the capacity to dispose of additional
products through land application, livestock consumption, sale, or
other legal use.
(5) The owner or operator of a biofuel production facility
shall maintain the facility in an orderly and clean condition,
minimize noise, odors, and light pollution from operation of the
facility, and not create a nuisance.
(6) The local unit of government where the biofuel production
facility is located may inspect the biofuel production facility at
any reasonable time to determine compliance with the requirements
of this section.
(7) An amendment to a zoning ordinance adopted under this
section is not subject to a protest petition under section 403.
(8) As used in this section:
(a) "Biodiesel" means a fuel composed of mono-alkyl esters of
long chain fatty acids derived from vegetable oils or animal fats,
designated B100, and meeting the requirements of ASTM D 6751.
(b) "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.
(c) "Proof gallon" means that term as defined in 27 CFR
19.907.