January 19, 2010, Introduced by Senator BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to provide for the use of waters and submerged lands of
the Great Lakes for wind energy development; to provide for the
issuance of permits; to impose certain fees; to provide for the
powers and duties of certain state and local governmental officers
and entities; and to authorize the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "Great
Lakes wind energy act".
Sec. 3. As used in this act:
(a) "Commission" means the Michigan public service commission.
(b) "Council" means the Michigan Great Lakes wind council
created under Executive Order No. 2009-1 and expanded under
Executive Order Nos. 2009-19 and 2009-46.
(c) "Wind energy conversion system" means that term as defined
in section 13 of the clean, renewable, and efficient energy act,
2008 PA 295, MCL 460.1013.
Sec. 5. (1) Subject to subsection (2), by June 1, 2011, the
commission shall promulgate rules pertaining to agreements for the
use of waters over and the filling in of submerged patented lands
and to the lease or deed of unpatented lands, as described in
section 32502 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.32502, for wind energy conversion
systems. The rules shall provide for at least all of the following:
(a) Site selection, testing, development, operation,
maintenance, and decommissioning of wind energy conversion systems.
(b) Permits and fees based on the reasonable costs of the
permit program and administration of this part.
(c) The preservation of the public trust in lands and waters
of the Great Lakes.
(d) The timely and efficient utilization of winds over the
Great Lakes as a source of renewable energy.
(2) In developing rules under subsection (1), the commission
shall consider any reports issued by the council on or before
November 15, 2010 and shall consult with the department of natural
resources and environment.