HOUSE BILL No. 5531

April 12, 2016, Introduced by Reps. Cole, Glenn, Runestad, Kelly and Aaron Miller and referred to the Committee on Energy Policy.

 

     A bill to amend 1995 PA 30, entitled

 

"Electric transmission line certification act,"

 

by amending section 2 (MCL 460.562), as amended by 2004 PA 198.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Affiliated transmission company" means a person,

 

partnership, corporation, association, or other legal entity, or

 

its successors or assigns, which that has fully satisfied the

 

requirements to join a regional transmission organization as

 

determined by the federal energy regulatory commission, Federal

 

Energy Regulatory Commission, is engaged in this state in the

 

transmission of electricity using facilities it owns that were

 

transferred to the entity by an electric utility that was engaged


in the generation, transmission, and distribution of electricity in

 

this state on December 31, 2000, and is not independent of an

 

electric utility or an affiliate of the utility, generating or

 

distributing electricity to retail customers in this state.

 

     (b) "Certificate" means a certificate of public convenience

 

and necessity issued for a major transmission line under this act

 

or issued for a transmission line under section 9.

 

     (c) "Commission" means the Michigan public service commission.

 

     (d) "Construction" means any substantial action taken on a

 

route constituting placement or erection of the foundations or

 

structures supporting a transmission line. Construction does not

 

include preconstruction activity or the addition of circuits to an

 

existing transmission line.

 

     (e) "Electric utility" means a person, partnership,

 

corporation, association, or other legal entity whose transmission

 

or distribution of electricity the commission regulates under 1909

 

PA 106, MCL 460.551 to 460.559, or 1939 PA 3, MCL 460.1 to

 

460.10cc. 460.11. Electric utility does not include a municipal

 

utility, affiliated transmission company, or independent

 

transmission company.

 

     (f) "Independent transmission company" means a person,

 

partnership, corporation, association, or other legal entity, or

 

its successors or assigns, that is engaged in this state or is

 

proposing to be engaged in the transmission of electricity using

 

facilities it owns that have been divested to the entity by an

 

electric utility that was engaged in the generation, transmission,

 

and distribution of electricity in this state on December 31, 2000,


and that is independent of an electric utility or not an affiliate

 

of the an electric utility , generating or distributing electricity

 

to retail customers in this state.

 

     (g) "Major transmission line" means a transmission line of 5

 

miles or more in length wholly or partially owned by an electric

 

utility, affiliated transmission company, or independent

 

transmission company through which electricity is transferred at

 

system bulk supply voltage of 345 kilovolts or more.

 

     (h) "Municipality" means a city, township, or village.

 

     (i) "Preconstruction activity" means any activity on a

 

proposed route conducted before construction of a transmission line

 

begins. Preconstruction activity includes surveys, measurements,

 

examinations, soundings, borings, sample-taking, or other testing

 

procedures, photography, appraisal, or tests of soil, groundwater,

 

structures, or other materials in or on the real property for

 

contamination. Preconstruction activity does not include an action

 

that permanently or irreparably alters the real property on or

 

across the proposed route.

 

     (j) "Route" means real property on or across which a

 

transmission line is constructed or proposed to be constructed.

 

     (k) "Transmission line" means all structures, equipment, and

 

real property necessary to transfer electricity at system bulk

 

supply voltage of 100 kilovolts or more.