Michigan Laws 460.1222 – Applicability of part; certification for construction of an energy facility
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Terms Used In Michigan Laws 460.1222
- 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 Energy storage facility: means a system that absorbs, stores, and discharges electricity. 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 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. local unit: means a county, township, city, or village. See Michigan Laws 460.1221 Nameplate capacity: means the designed full-load sustained generating output of an energy facility. See Michigan Laws 460.1221 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 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 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 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
(1) This part applies to all of the following:
(a) Any solar energy facility with a nameplate capacity of 50 megawatts or more.
(b) Any wind energy facility with a nameplate capacity of 100 megawatts or more.
(c) Any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more.
(2) Before beginning construction of an energy facility, an electric provider or independent power producer may, pursuant to this part, obtain a certificate for that energy facility from the commission. A local unit of government exercising zoning jurisdiction may request the commission to require an electric provider or independent power producer that proposes to construct an energy facility in that local unit to obtain a certificate for that energy facility from the commission. To obtain a certificate for an energy facility, an electric provider or IPP must comply with the requirements of section 223 and 224, and then submit to the commission an application as described in section 225.
(3) If the commission has issued a certificate for an energy facility, the electric provider or IPP may make minor changes, as defined by the commission, to the site plan if the changes are within the footprint of the previously approved site plan.
(4) If an energy facility that would otherwise be subject to subsection (2) is located entirely within a city or village, the city or village is exempt from this part as it relates to the energy facility if the city or village is the owner of participating property, is a developer of the facility, or owns an electric utility that will take service from the energy facility.