Bill Text: MI HCR0006 | 2019-2020 | 100th Legislature | Introduced
Bill Title: A concurrent resolution to urge the Attorney General to reverse her opinion on the constitutionality of Public Act 359 of 2018 and urge the Governor to follow the law as enacted and proceed with the Mackinac Straits Utility Corridor.
Spectrum: Partisan Bill (Republican 26-1)
Status: (Introduced - Dead) 2019-04-11 - Referred To Committee On Government Operations [HCR0006 Detail]
Download: Michigan-2019-HCR0006-Introduced.html
Rep. LaFave offered the following concurrent resolution:
House Concurrent Resolution No. 6.
A concurrent resolution to urge the Attorney General to reverse her opinion on the constitutionality of Public Act 359 of 2018 and urge the Governor to follow the law as enacted and proceed with the Mackinac Straits Utility Corridor.
Whereas, The Enbridge Line 5 pipeline is critical infrastructure for the state of Michigan. Residents in the Upper Peninsula rely on the Enbridge Line 5 pipeline to heat their homes and support the local economy; and
Whereas, The Great Lakes are vitally important for Michigan's economy and way of life. Pristine water is important not only for public health but also for agriculture, commercial and sport fishing, boating, recreation, and tourism in Michigan and throughout the region; and
Whereas; The age of the existing pipeline has pushed the state to look for a long-term solution that will allow for the continued delivery of fuel while also protecting the Great Lakes far into the future. Numerous studies and negotiations resulted in the state and Enbridge agreeing that a tunnel beneath the Straits of Mackinac was the best solution for all parties; and
Whereas, The Legislature passed and former Governor Rick Snyder signed into law Public Act 359 of 2018 to implement this agreement on December 11, 2018. Public Act 359 established the Mackinac Straits Corridor Authority and authorized it to "acquire, construct, operate, maintain, improve, repair, and manage a utility tunnel"; and
Whereas, The Mackinac Straits Corridor Authority approved the construction of a utility tunnel on December 19, 2018, in conjunction with the agreements between the state and Enbridge. The construction of the multi-use utility tunnel beneath the Straits of Mackinac—the Mackinac Straits Utility Corridor—will allow for the replacement of a segment of the Line 5 pipeline that currently sits on the bottom of the Mackinac Straits; and
Whereas, On January 1, 2019, Governor Gretchen Whitmer sought the opinion of Attorney General Dana Nessel on several questions of law related to Public Act 359 of 2018; and
Whereas, On March 28, 2019, Attorney General Nessel issued Opinion No. 7309, finding, in part, that Section 14d(1), (4), and (5) of Public Act 359 of 2018 violate Article IV, Section 24 of the Constitution of the State of Michigan of 1963 and cannot be severed from the remainder of the act; and
Whereas, In response to Opinion No. 7309, Governor Whitmer issued Executive Directive No. 2019-13, directing, in part, that state departments and autonomous agencies "shall not take any action authorized by, in furtherance of, or dependent upon Act 359"; and
Whereas, The Attorney General's opinion comes to legally questionable conclusions and is not in the best interests of the people of Michigan. The Mackinac Straits Utility Corridor is vital for the health and well-being of the people of this state and taking steps to block its construction will put the safety and security of the residents of the Upper Peninsula in jeopardy; and
Whereas, The Governor is responsible for ensuring that the laws of this state are faithfully executed. Directing state departments and agencies to not carry out Public Act 359 is not in keeping with that duty given the likelihood that the courts of this state would come to a different conclusion than the Attorney General regarding the constitutionality of Public Act 359; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Attorney General to reverse her opinion on the constitutionality of Public Act 359 of 2018 and urge the Governor to follow the law as enacted and proceed with the Mackinac Straits Utility Corridor; and be it further
Resolved, That copies of this resolution be transmitted to the Governor and Attorney General.
