Bill Text: MI SB1105 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Highways: other; evaluation and development of land within state transportation department-owned and local government-owned rights-of-way for renewable energy generation facilities, energy storage facilities, and electrical transmission and distribution facilities; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-13 - Referred To Committee On Local Government [SB1105 Detail]
Download: Michigan-2023-SB1105-Introduced.html
SENATE BILL NO. 1105
A bill to allow the state transportation department and local governments to evaluate and use certain government-owned land for the development or installation of renewable energy facilities; and to provide for the powers and duties of certain state and local governmental entities.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "roadside renewable energy act".
(a) "Department" means the state transportation department.
(b) "Local government" means a county road commission, city, or village.
(c) "Renewable energy facility" means a facility for generating electricity using a renewable energy source and includes, but is not limited to, solar photovoltaic panels and wind energy conversion systems.
(d) "Roadside property" means land alongside a highway, and includes, but is not limited to, interstate highway frontage, rest areas, park & ride lots, and interchanges.
(e) "Utility facility" means that term as defined in 23 CFR 645.207.
Sec. 3. (1) The department, in coordination with the department of environment, Great Lakes, and energy, the Michigan public service commission, and any other state governmental agency the department considers necessary, may evaluate the suitability of department-owned roadside property and rights-of-way for the use of renewable energy facilities, energy storage facilities, and electrical transmission and distribution facilities and implement the results of that evaluation.
(2) The department may, in coordination with the department of environment, Great Lakes, and energy, the Michigan public service commission, and any other state governmental agency the department considers necessary, use department-owned roadside property and rights-of-way for the development or installation of renewable energy facilities, energy storage facilities, and electrical transmission and distribution facilities in compliance with state and federal law. For projects described in this subsection within the right-of-way of a federal aid highway, the department may do either of the following:
(a) Update the department utility accommodation policy to accommodate the project as a utility facility under 23 CFR part 645.
(b) Seek approval from the Federal Highway Administration to allow the project as an alternative use of the right-of-way under 23 CFR 710.
(3) The department may, subject to federal law, use federal aid highway funds for the acquisition, management, and leasing of real property for the uses described in this section.
(4) A contract allowing a private entity to use department-owned roadside property or rights-of-way for renewable energy facilities, energy storage facilities, or electrical transmission and distribution facilities must include a provision that the facilities must be relocated or removed at the private entity's expense if the department determines that the facilities must be relocated or removed due to a transportation need.
Sec. 4. (1) A local government may evaluate the use of local government-owned roadside property and rights-of-way for renewable energy facilities, energy storage facilities, and electrical transmission and distribution facilities and implement the results of that evaluation.
(2) A local government may use local government-owned roadside property or rights-of-way for the development or installation of renewable energy facilities, energy storage facilities, and electrical transmission and distribution facilities in compliance with state and federal law.
