April 28, 2009, Introduced by Reps. Meekhof, Ball, Booher and Agema and referred to the Committee on Energy and Technology.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
(MCL 125.3101 to 125.3702) by adding section 515.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 515. (1) A zoning ordinance that provides for an
agricultural district shall provide that an ethanol production
facility is a use by right in any agricultural district if both of
the following requirements are met:
(a) None of the land adjacent to the land on which the ethanol
production facility is located is zoned for any residential use.
(b) Not more than 100,000 gallons of ethanol is produced at
the facility annually.
(2) A zoning ordinance that provides for an agricultural
district shall provide that if an ethanol production facility does
not meet the requirements of subsection (1), the ethanol production
facility is subject to approval as a special land use in any
agricultural district.
(3) An application for special land use approval under
subsection (2) shall include all of the following:
(a) A site plan as required under section 501, including a map
of the property and existing and proposed buildings and other
facilities.
(b) A description of the process to be used to produce
ethanol.
(c) The number of gallons of ethanol anticipated to be
produced annually.
(d) An emergency access and fire protection plan that has been
reviewed and approved by the appropriate responding police and fire
departments.
(e) Written documentation from applicable agencies that the
proposed use will comply with local, state, and federal laws,
including, but not limited to, laws governing air quality, the
transportation of fuel, the reuse and disposal of byproducts, and
the storage of raw materials, fuel, and byproducts.
(f) A study of anticipated water usage at the ethanol
production facility conducted by a professional engineer or other
professional familiar with hydrogeologic reports. The study shall
address how much water will be utilized and identify the effect
upon waters of this state and upon water supply and wastewater
infrastructure needs of the local unit of government.
(g) Information that demonstrates compliance with subsection
(4).
(h) Any additional relevant information as required by the
body or official responsible for granting special land use
approval.
(4) Special land use approval of an ethanol production
facility is subject to all of the following requirements:
(a) All buildings and equipment used in the production or
storage of ethanol shall meet all applicable requirements of local,
state, and federal law, including, but not limited to, setback
requirements, and shall be at least 100 feet from any property line
bordering the site.
(b) Ethanol shall not be produced unless the owner or operator
of the ethanol production facility provides the local unit of
government with proof that all necessary approvals have been
obtained from the department of environmental quality and other
state and federal agencies that are involved in permitting any of
the following aspects of ethanol production:
(i) Storage of raw materials, fuel, and byproducts used in, or
resulting from, ethanol production.
(ii) Reuse and disposal of byproducts from ethanol production.
(iii) Air quality standards associated with ethanol production.
(iv) Transportation of ethanol or ethanol production
byproducts.
(c) An ethanol production facility shall include both of the
following:
(i) Sufficient storage for raw materials and fuel.
(ii) Sufficient storage for byproducts from ethanol production
or the capacity to dispose of byproducts through land application,
livestock consumption, or sale.
(5) The owner or operator of an ethanol production facility
shall maintain the facility in an orderly and clean condition and
operate it to minimize noise, odors, and light pollution and not
create a nuisance. The local unit of government may inspect the
ethanol production facility at any reasonable time to determine
compliance with the requirements of this section.
(6) A zoning ordinance subject to this section shall require
that the ethanol production facility render ethanol unfit for
beverage use if it is to be sold off premises.
(7) An amendment to a zoning ordinance adopted under this
section is not subject to a protest petition under section 403.
(8) If on the effective date of the amendatory act that added
this section a local unit of government has in effect a zoning
ordinance that provides for an agricultural district, the local
unit of government shall amend the zoning ordinance to comply with
this section within 150 days after the effective date of the
amendatory act that added this section.