Michigan Laws 460.1231 – Local prohibition or regulation of testing activities; applicability of certain zoning ordinances or limitations
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Terms Used In Michigan Laws 460.1231
- 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
- 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 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 Provider: means an electric provider or a natural gas provider. See Michigan Laws 460.1009 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) A local ordinance shall not prohibit or regulate testing activities undertaken by an electric provider or independent power producer for purposes of determining the suitability of a site for the placement of an energy facility.
(2) If a certificate is issued for an energy facility under this part, a zoning ordinance or limitation imposed after the electric provider or IPP submitted the application for the certificate to the commission shall not be construed to limit or impair the construction, operation, or maintenance of the energy facility.
(3) If a certificate is issued, the certificate and this part preempt a local policy, practice, regulation, rule, or other ordinance that prohibits, regulates, or imposes additional or more restrictive requirements than those specified in the commission’s certificate.
(4) If a certificate is not issued, all local policies, practices, regulations, rules, or ordinances relating to the siting of energy facilities, including, but not limited to, the local zoning authority’s power to grant variances, remain in full force and effect.
(5) Except as provided in this section, this part does not exempt an electric provider or IPP to whom a certificate is issued from obtaining any other permit, license, or permission to engage in the construction or operation of an energy facility that is required by federal law, any other law of this state, including, but not limited to, the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, any rule promulgated under a law of this state, or a local ordinance.