July 18, 2007, Introduced by Reps. Hune and Gaffney and referred to the Committee on Energy and Technology.
A bill to amend 1995 PA 30, entitled
"Electric transmission line certification act,"
by amending section 10 (MCL 460.570), as amended by 2004 PA 198,
and by adding section 5a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. A transmission line installed after the effective
date of the amendatory act that added this section that extends for
more than 5 miles in a township with a population of between 10,000
and 15,000 shall be constructed underground within that township.
The electric utility, affiliated transmission company, or
independent transmission company constructing the transmission line
shall bear the cost of placing that transmission line underground.
Sec.
10. (1) If Except as
otherwise provided in this act, if
the commission grants a certificate under this act, that
certificate shall take precedence over a conflicting local
ordinance, law, rule, regulation, policy, or practice that
prohibits or regulates the location or construction of a
transmission line for which the commission has issued a
certificate.
(2) A zoning ordinance or limitation imposed after an electric
utility, affiliated transmission company, or independent
transmission company files for a certificate shall not limit or
impair the transmission line's construction, operation, or
maintenance.
(3) In an eminent domain or other related proceeding arising
out of or related to a transmission line for which a certificate is
issued, a certificate issued under this act is conclusive and
binding as to the public convenience and necessity for that
transmission line and its compatibility with the public health and
safety or any zoning or land use requirements in effect when the
application was filed.