Bill Text: MI HB5886 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Agriculture; other; Michigan right to farm act; expand definition of agricultural use to include wind farms. Amends sec. 2 of 1981 PA 93 (MCL 286.472).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-10-22 - Printed Bill Filed 10/03/2014 [HB5886 Detail]

Download: Michigan-2013-HB5886-Introduced.html

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HOUSE BILL No. 5886

 

October 2, 2014, Introduced by Reps. Irwin and Switalski and referred to the Committee on Energy and Technology.

 

     A bill to amend 1981 PA 93, entitled

 

"Michigan right to farm act,"

 

by amending section 2 (MCL 286.472), as amended by 1995 PA 94.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Farm" means the land, plants, animals, buildings,

 

structures, including ponds used for agricultural or aquacultural

 

activities, machinery, equipment, and other appurtenances used in

 

the commercial production of farm products.

 

     (b) "Farm operation" means the operation and management of a

 

farm or a condition or activity that occurs at any time as

 

necessary on a farm in connection with the commercial production,

 

harvesting, and storage of farm products , and or the production of

 

energy from a wind energy conversion system. Farm operation

 

includes, but is not limited to, the following:

 

     (i) Marketing produce at roadside stands or farm markets.

 

     (ii) The generation of noise, odors, dust, fumes, and other

 

associated conditions.

 

     (iii) The operation of machinery and equipment necessary for a

 

farm including, but not limited to, irrigation and drainage systems

 

and pumps and on-farm grain dryers, and the movement of vehicles,

 

machinery, equipment, and farm products and associated inputs

 

necessary for farm operations on the roadway as authorized by the

 

Michigan vehicle code, Act No. 300 of the Public Acts of 1949,

 

being sections 257.1 to 257.923 of the Michigan Compiled Laws 1949

 

PA 300, MCL 257.1 to 257.923.

 

     (iv) Field preparation and ground and aerial seeding and

 

spraying.

 

     (v) The application of chemical fertilizers or organic

 

materials, conditioners, liming materials, or pesticides.

 

     (vi) Use of alternative pest management techniques.

 

     (vii) The fencing, feeding, watering, sheltering,

 

transportation, treatment, use, handling and care of farm animals.

 

     (viii) The management, storage, transport, utilization, and

 

application of farm by-products, including manure or agricultural

 

wastes.

 

     (ix) The conversion from a farm operation activity to other

 

farm operation activities.

 

     (x) The employment and use of labor.

 

     (xi) The operation of a wind energy conversion system.

 

     (c) "Farm product" means those plants and animals useful to

 

human beings produced by agriculture and includes, but is not

 

limited to, forages and sod crops, grains and feed crops, field

 

crops, dairy and dairy products, poultry and poultry products,

 

cervidae, livestock, including breeding and grazing, equine, fish,

 

and other aquacultural products, bees and bee products, berries,

 

herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock,

 

trees and tree products, mushrooms, and other similar products, or

 

any other product which incorporates the use of food, feed, fiber,

 

or fur, as determined by the Michigan commission of agriculture and

 

rural development.

 

     (d) "Generally accepted agricultural and management practices"

 

means those practices as defined by the Michigan commission of

 

agriculture and rural development. The commission shall give due

 

consideration to available Michigan department of agriculture and

 

rural development information and written recommendations from the

 

Michigan state university college of agriculture and natural

 

resources extension and the agricultural experiment station in

 

cooperation with the United States department of agriculture

 

natural resources conservation service and the consolidated farm

 

service agency, the Michigan department of natural resources, and

 

other professional and industry organizations.

 

     (e) "Person" means an individual, corporation, partnership,

 

association, or other legal entity.

 

     (f) "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.