Michigan Laws > Chapter 29 > Act 56 of 2009 – Fire Safety Standard and Firefighter Protection Act
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Terms Used In Michigan Laws > Chapter 29 > Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means a stamping agent, as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
- Aircraft detection lighting system: means a sensor-based system designed to detect aircraft as they approach a wind energy facility and that automatically activates obstruction lights until they are no longer needed. 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.
- annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
- 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.
- Applicable regional transmission organization: means a nonprofit, member-based organization governed by an independent board of directors that serves as the regional transmission organization approved by the Federal Energy Regulatory Commission with oversight responsibility for the region that includes the provider's service territory. See Michigan Laws 460.1003
- Applicant: means an applicant for a certificate. See Michigan Laws 460.1221
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- ASTM: means ASTM international, formerly the American society for testing and materials. See Michigan Laws 29.493
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beans: means Michigan dry, edible beans, except soybeans. See Michigan Laws 290.551
- Board: means the wind energy resource zone board created under section 143. See Michigan Laws 460.1003
- Broker: means that term as defined in 49 USC 13102. See Michigan Laws 475.1
- Certificate: means a certificate issued for an energy facility under section 226(5). See Michigan Laws 460.1221
- Certificate of authority: means a certificate issued under this act to a motor carrier authorizing a transportation service. See Michigan Laws 475.1
- Cigarette: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
- city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10
- Clean energy: means electricity or steam generated using a clean energy system. See Michigan Laws 460.1003
- Commission: means the potato industry commission. See Michigan Laws 290.421
- Commission: means the Michigan bean commission. See Michigan Laws 290.551
- Commission: means the Michigan public service commission. See Michigan Laws 460.1003
- Commission: means the Michigan public service commission. See Michigan Laws 475.1
- Community-based organization: means a workforce development and training organization, labor union, local governmental entity, Michigan federally recognized tribe, environmental advocacy organization, or an organization that represents the interests of underserved communities. See Michigan Laws 460.1221
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Construction: means any substantial action constituting placement or erection of the foundations or structures supporting a transmission line. See Michigan Laws 460.1141
- Construction: means any substantial action taken constituting the placement, erection, expansion, or repowering of an energy facility. See Michigan Laws 460.1221
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of energy, labor, and economic growth. See Michigan Laws 29.493
- Department: means the department of agriculture and rural development. See Michigan Laws 290.421
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Director: means the director of the department. See Michigan Laws 29.493
- Director: means the director of the department. See Michigan Laws 290.421
- Director: means the director of the department of agriculture and his or her authorized agents and representatives. See Michigan Laws 290.451
- Director: means the director of the department of agriculture and rural development. See Michigan Laws 290.551
- Distributed generation: means the generation of electricity under the distributed generation program. See Michigan Laws 460.1003
- Distributed generation program: means the program established by the commission under section 173. See Michigan Laws 460.1003
- Donor: The person who makes a gift.
- 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 460.1005electric utility: means any person or entity whose rates are regulated by the commission for the purpose of selling electricity to retail customers in this state. See Michigan Laws 460.1171 Eligible electric generator: means a methane digester or renewable energy system with a generation capacity limited to 110% of the customer's electricity consumption for the previous 12 months. See Michigan Laws 460.1005 Emergency: means that term as defined in 49 C. See Michigan Laws 475.1 Energy conservation: means the reduction of customer energy use through the installation of measures or changes in energy usage behavior. See Michigan Laws 460.1005 Energy efficiency: means a decrease in customer consumption of electricity or natural gas achieved through measures or programs that target customer behavior, equipment, devices, or materials without reducing the quality of energy services. See Michigan Laws 460.1005 Energy facility: means an energy storage facility, solar energy facility, or wind energy facility. See Michigan Laws 460.1221 Energy project: means the installation or modification of an energy waste reduction improvement or the acquisition, installation, or improvement of a renewable energy system. See Michigan Laws 460.1201 Energy star: means the voluntary partnership among the United States Department of Energy, the United States Environmental Protection Agency, product manufacturers, local utilities, and retailers to help promote energy efficient products by labeling with the energy star logo, educate consumers about the benefits of energy efficiency, and help promote energy efficiency in buildings by benchmarking and rating energy performance. See Michigan Laws 460.1005 Energy storage facility: means a system that absorbs, stores, and discharges electricity. See Michigan Laws 460.1221 Energy waste reduction improvement: means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:
(i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems. See Michigan Laws 460.1201Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Federal approval: means approval by the applicable regional transmission organization or other Federal Energy Regulatory Commission-approved transmission planning process of a transmission project that includes the transmission line. See Michigan Laws 460.1005 Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC Financial institution: means a commercial bank whose deposits are insured by the federal deposit insurance corporation or a national bank for cooperatives subject to the farm credit act of 1971, Public Law 92-181, 85 Stat. See Michigan Laws 290.451 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. For hire: means for remuneration or reward of any kind, paid or promised, either directly or indirectly. See Michigan Laws 475.1 Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC fully allocated costs: means total costs, including variable costs, plus an allocation of fixed costs. See Michigan Laws 475.1 Grid reliability: means the ability, as defined by the regional transmission organization, of the bulk power system to withstand sudden, unexpected disturbances, such as short circuits or unanticipated loss of system elements because of natural causes. See Michigan Laws 460.1007 Grower: means any business unit, including a family operation, sole proprietorship, partnership, corporation, company, association, trust, or other business organization engaged in the business of growing potatoes for market. See Michigan Laws 290.421 Grower: means a person engaged in the business of growing and producing potatoes. See Michigan Laws 290.451 Grower: means any business unit, including a family operation, sole proprietorship, partnership, corporation, company, association, trust, or other business organization engaged in the business of producing beans for sale within 1 of the past 3 years. See Michigan Laws 290.551 Grower cooperative: means an organization of growers or a division of an organization of growers, or a federation of cooperatives of growers engaged in the marketing, bargaining, shipping, or processing functions of potatoes on behalf of its members or nonmembers who are the producers of potatoes. See Michigan Laws 290.451 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Gum rosin: means rosin remaining after the distillation of gum spirits of turpentine. See Michigan Laws 290.301 Gum spirits of turpentine: means spirits of turpentine made from gum (oleoresin) from a living tree. See Michigan Laws 290.301 Home energy audit: means an evaluation of the energy performance of a residential structure that meets all of the following requirements:
(i) Is performed by a qualified person using building-performance diagnostic equipment. See Michigan Laws 460.1201Household goods: means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of that dwelling. See Michigan Laws 475.1 Hundredweight: means a 100-pound unit or a combination of packages making a 100-pound unit, or the equivalent in metric units, of any shipment of potatoes. See Michigan Laws 290.421 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 Independent transmission company: means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460. See Michigan Laws 460.1007 Intrastate-only motor carrier of property: means a motor carrier of property that is not a UCR motor carrier. See Michigan Laws 475.1 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC LEED: means the leadership in energy and environmental design green building rating system developed by the United States Green Building Council. See Michigan Laws 460.1007 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Light intensity dimming solution technology: means obstruction lighting that provides a means of tailoring the intensity level of lights according to surrounding visibility. See Michigan Laws 460.1221 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local move: means a household goods shipment of 40 miles or less, from point of origin to point of destination, as determined by actual miles traveled by the motor carrier and verifiable by odometer reading or mileage guide in general public use. See Michigan Laws 475.1 local unit: means a county, township, city, or village. See Michigan Laws 460.1221 Manufacturer: means any of the following:
(i) A manufacturer as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493Maximum blade tip height: means the nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. See Michigan Laws 460.1221 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Motor carrier: means a motor carrier of general commodities or a motor carrier of household goods. See Michigan Laws 475.1 Motor carrier of general commodities: means a person that is an authorized for-hire motor carrier, either directly or through any device or arrangement, of property other than household goods upon or over a public highway. See Michigan Laws 475.1 Motor carrier of household goods: means a person that, either directly or through any device or arrangement, packs, loads, unloads, or transports household goods upon or over a public highway for the general public in exchange for payment. See Michigan Laws 475.1 Motor vehicle: means an automobile, truck, trailer, semitrailer, truck tractor, road tractor, or a self-propelled or motor or mechanically driven vehicle, or a vehicle attached to, connected with, or drawn by a self-propelled or motor or mechanically driven vehicle, used upon a public highway of this state. See Michigan Laws 475.1 Nameplate capacity: means the designed full-load sustained generating output of an energy facility. See Michigan Laws 460.1221 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Naval stores: means spirits of turpentine and rosin. See Michigan Laws 290.301 New York fire safety standards for cigarettes: means the New York executive law, section 156-c, and the New York fire safety standards for cigarettes, New York compilation of codes, rules, and regulations, title 19, section 429. See Michigan Laws 29.493 Nonparticipating property: means a property that is adjacent to an energy facility and that is not a participating property. See Michigan Laws 460.1221 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Occupied community building: means a school, place of worship, day-care facility, public library, community center, or other similar building that the applicant knows or reasonably should know is used on a regular basis as a gathering place for community members. See Michigan Laws 460.1221 Oversight: Committee review of the activities of a Federal agency or program. Participating property: means real property that either is owned by an applicant or that is the subject of an agreement that provides for the payment by an applicant to a landowner of monetary compensation related to an energy facility regardless of whether any part of that energy facility is constructed on the property. See Michigan Laws 460.1221 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, association, cooperative, or any other business unit. See Michigan Laws 290.421 Person: means a corporation, company, association, cooperative organization, partnership, individual, or other legal entity. See Michigan Laws 290.451 Person: means an individual, governmental entity authorized by this state, political subdivision of this state, business, proprietorship, firm, partnership, limited partnership, limited liability partnership, co-partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, subchapter S corporation, limited liability company, committee, receiver, estate, trust, or any other legal entity or combination or group of persons acting jointly as a unit. See Michigan Laws 460.1221 Person: means an individual, partnership, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. 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 Potatoes: means any variety of Irish potatoes in fresh form included in the species solanum tuberosum. See Michigan Laws 290.451 Predatory rate: means a rate that is either below its fully allocated costs or in excess of reasonable industry standards. See Michigan Laws 475.1 Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Processor: means a person engaged in canning, freezing, dehydrating, chipping, fermenting, distilling, extracting, preserving, or changing the form of potatoes for the purpose of consumption or for any other commercial use. See Michigan Laws 290.421 Processor: means a person that cleans and grades, dries, dehydrates, cans, powders, extracts, cooks, or uses in producing or manufacturing a product or article, ships, or otherwise handles beans, including seed. See Michigan Laws 290.551 program: means a program as described in section 203(2). See Michigan Laws 460.1201 Project labor agreement: means a prehire collective bargaining agreement with 1 or more labor organizations that establishes the terms and conditions of employment for a specific construction project and does all of the following:
(i) Binds all contractors and subcontractors on the construction project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents. See Michigan Laws 460.1221Property: means privately owned residential real property. See Michigan Laws 460.1201 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provider: means an electric provider or a natural gas provider. See Michigan Laws 460.1009 public: means the part or portion of the general public that a motor carrier is ready, able, willing, and equipped to serve. See Michigan Laws 475.1 Public highway: means a public highway, road, street, avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or subway used by the public. See Michigan Laws 475.1 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quality control and quality assurance program: means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing of cigarettes and ensure that testing repeatability remains within the required repeatability values stated in section 5(2)(g) for all test trials used to certify cigarettes under this act. See Michigan Laws 29.493 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record owner: means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds. See Michigan Laws 460.1201 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Renewable energy: means electricity or steam generated using a renewable energy system. See Michigan Laws 460.1011 Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. See Michigan Laws 29.493 Resource adequacy: describes having sufficient resources to provide customers with a continuous supply of electricity at the proper voltage and frequency, virtually always and across a range of reasonably foreseeable conditions. See Michigan Laws 460.1011 Retail dealer: means a retailer, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Rosin: includes gum rosin and wood rosin. See Michigan Laws 290.301 Route: means real property on or across which a transmission line is constructed or proposed to be constructed. See Michigan Laws 460.1141 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.421 Sale: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecondary wholesaler: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Selection members: means the commission members selected and appointed for each district created under section 2 and the processor shipper handler member selected and appointed under section 4(2). See Michigan Laws 290.551 Sell: means to sell or to offer or agree to sell. See Michigan Laws 29.493 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Shipment of potatoes: means , and a shipment of potatoes shall be considered to take place, when potatoes are loaded within this state in a rail car, truck, or other conveyance in which the potatoes are to be transported for sale or otherwise put into the channel of trade and commerce. See Michigan Laws 290.421 Shipper: means a person engaged in the shipment of potatoes, whether as owner, agent, or otherwise; or engaged in the processing of potatoes for human or animal consumption in any form or for any other commercial use. See Michigan Laws 290.421 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 Solar energy facility: means a system that captures and converts solar energy into electricity, for the purpose of sale or for use in locations other than solely the solar energy facility property. See Michigan Laws 460.1221 Spirits of turpentine: includes gum spirits of turpentine and wood turpentine. See Michigan Laws 290.301 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 Statute: A law passed by a legislature. Steam distilled wood turpentine: means wood turpentine distilled with steam from the oleoresin within or extracted from the wood. See Michigan Laws 290.301 Through any device or arrangement: means any and all methods, means, agreements, circumstances, operations, or subterfuges under which a person undertakes for hire to conduct, direct, control, or otherwise perform the transportation by motor vehicle of property upon the public highways of this state. See Michigan Laws 475.1 Tobacco products tax act: means the tobacco products tax act, 1993 PA 327, MCL 205. See Michigan Laws 29.493 Transmission line: means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. See Michigan Laws 460.1013 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. UCR motor carrier: means a person that is required to pay fees and file information under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 Unclassified acquirer: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Unified carrier registration agreement: means the interstate agreement developed under the unified carrier registration plan governing the collection and distribution of registration and financial responsibility information provided and fees paid by UCR motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 Unified carrier registration plan: means the organization of state, federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Wholesale dealer: means a wholesaler, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Wholesale potato dealer: means a person who buys potatoes in wholesale lots directly from a grower or grower cooperative or who sells or handles those potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, institutions, or hospitals. See Michigan Laws 290.451 Wind energy conversion system: means a system that uses 1 or more wind turbines to generate electricity and has a nameplate capacity of 100 kilowatts or more. See Michigan Laws 460.1013 Wind energy facility: means a system that captures and converts wind into electricity, for the purpose of sale or for use in locations other than solely the wind energy facility property. See Michigan Laws 460.1221 wind zone: means an area designated by the commission under section 147. See Michigan Laws 460.1013 Wood rosin: means rosin remaining after the distillation of steam distilled wood turpentine. See Michigan Laws 290.301 Wood turpentine: includes steam distilled wood turpentine and destructively distilled wood turpentine. See Michigan Laws 290.301