Michigan Laws 460.1223 – Public meetings; site plan; application for approval; remedies upon denial
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Terms Used In Michigan Laws 460.1223
- Affected local unit: means a unit of local government in which all or part of a proposed energy facility will be located. See Michigan Laws 460.1221
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means an applicant for a certificate. See Michigan Laws 460.1221
- Certificate: means a certificate issued for an energy facility under section 226(5). See Michigan Laws 460.1221
- Commission: means the Michigan public service commission. See Michigan Laws 460.1003
- Compatible renewable energy ordinance: means an ordinance that provides for the development of energy facilities within the local unit of government, the requirements of which are no more restrictive than the provisions included in section 226(8). See Michigan Laws 460.1221
- Construction: means any substantial action taken constituting the placement, erection, expansion, or repowering of an energy facility. See Michigan Laws 460.1221
- Electric provider: means any of the following:
(i) Any person or entity that is regulated by the commission for the purpose of selling electricity to retail customers in this state. See Michigan Laws 460.1005Energy facility: means an energy storage facility, solar energy facility, or wind energy facility. See Michigan Laws 460.1221 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q IPP: means a person that is not an electric provider but owns or operates facilities to generate electric power for sale to electric providers, this state, or local units of government. See Michigan Laws 460.1221 local unit: means a county, township, city, or village. See Michigan Laws 460.1221 plan: means a plan approved under section 22 or former section 21 or 23 or found to comply with this act under former section 25, with any amendments adopted under this act. See Michigan Laws 460.1011 Provider: means an electric provider or a natural gas provider. See Michigan Laws 460.1009 Renewable energy: means electricity or steam generated using a renewable energy system. See Michigan Laws 460.1011 Site: means , except as used in part 8, a contiguous site, regardless of the number of meters at that site. See Michigan Laws 460.1013 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) An electric provider or independent power producer that, at its option or as required by the commission, proposes to obtain a certificate for and construct an energy facility shall hold a public meeting in each affected local unit. At least 30 days before a meeting, the electric provider or IPP shall notify the clerk of the affected local unit in which a public meeting will be held of the time, date, location, and purpose of the meeting and provide a copy of the site plan as described in section 224 or the address of an internet site where a site plan for the energy facility is available for review. At least 14 days before the meeting, the electric provider or IPP shall publish notice of the meeting in a newspaper of general circulation in the affected local unit or in a comparable digital alternative. The notice shall include a copy of the site plan or the address of an internet site where the site plan is available for review. The commission shall further prescribe the format and content of the notice. For the purposes of this subsection, a public meeting held in a township is considered to be held in each village located within the township.
(2) At least 60 days before a public meeting held under subsection (1), the electric provider or IPP planning to construct an energy facility shall offer in writing to meet with the chief elected official of each affected local unit, or the chief elected official’s designee, to discuss the site plan.
(3) If, within 30 days following a meeting described in subsection (2), the chief elected official of each affected local unit notifies the electric provider or IPP planning to construct the energy facility that the affected local unit has a compatible renewable energy ordinance, then the electric provider or IPP shall file for approval with each affected local unit, subject to all of the following:
(a) An application submitted under this subsection shall comply with the requirements of section 225(1), except for section 225(1)(j) and (s). An affected local unit may require other information necessary to determine compliance with the compatible renewable energy ordinance.
(b) A local unit of government with which an application is filed under this subsection shall approve or deny the application within 120 days after receiving the application. The applicant and local unit of government may jointly agree to extend this deadline by up to 120 days.
(c) The electric provider or IPP may submit its application to the commission if any of the following apply:
(i) An affected local unit fails to timely approve or deny an application.
(ii) The application complies with the requirements of section 226(8), but an affected local unit denies the application.
(iii) An affected local unit amends its zoning ordinance after the chief elected official notifies the electric provider or IPP that it has a compatible renewable energy ordinance, and the amendment imposes additional requirements on the development of energy facilities that are more restrictive than those in section 226(8).
(d) An electric provider or IPP that submits an application to the commission pursuant to this subsection is not required to comply with subsection (1) or section 226(1), or the requirement to submit a summary of community outreach and education efforts pursuant to section 225(1)(j).
(4) If a local unit of government approves an application pursuant to subsection (3), construction of the proposed energy facility must begin within 5 years after the date the permit is granted and any challenges to the grant of the permit are concluded. The local unit of government may extend this timeline at the request of the electric provider or IPP without requiring a new application. The local unit shall not revoke a permit issued under subsection (3) except for material noncompliance with the permit by the electric provider or IPP.
(5) If the commission approves an applicant for a certificate submitted under subsection (3)(c), the local unit of government is considered to no longer have a compatible renewable energy ordinance, unless the commission finds that the local unit of government’s denial of the application was reasonably related to the applicant’s failure to provide information required by subsection (3)(a).
(6) Nothing in this section shall be construed to limit remedies available to an applicant to appeal a denial by a local unit of government under any other law of this State.