Bill Text: MI SB0103 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Public utilities: electric utilities; rights of electric transmission companies; provide for. Creates new act.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-12-29 - Assigned Pa 0125'21 With Immediate Effect [SB0103 Detail]
Download: Michigan-2021-SB0103-Introduced.html
SENATE BILL NO. 103
February 04, 2021, Introduced by Senators
SCHMIDT and HERTEL and referred to the Committee on Energy and Technology.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "transmission infrastructure planning and condemnation authority act".
(a) "Affiliated transmission company" means
that term as defined in section 2 of the electric transmission line
certification act, 1995 PA 30, MCL 460.562.
(b) "Cooperative electric
utility" means either of the following:
(i) An electric cooperative organized as a cooperative
corporation under sections 98 to 109 of 1931 PA 327, MCL 450.98 to 450.109.
(ii) A cooperative corporation in the business of generating
or transmitting electricity.
(c) "Electric
utility" means any of the following:
(i) An electric utility as that term is defined in section
10h of 1939 PA 3, MCL 460.10h.
(ii) A municipal electric utility system as that term is
defined in section 4 of the Michigan energy employment act of 1976, 1976 PA
448, MCL 460.804.
(iii) A cooperative electric utility.
(d) "High-voltage transmission line" means a line used to transmit electricity and all associated structures, equipment, facilities, and other personal property necessary to transfer electricity over the line at a system bulk supply voltage of 100 kilovolts or more.
(e) "Incumbent electric transmission company" means an electric utility, affiliated transmission company, or independent transmission company that owns, operates, maintains, and controls a high-voltage transmission line in this state.
(f) "Independent transmission company" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
(g) "Recognized electric planning authority" means a person recognized by the Federal Energy Regulatory Commission or the North American Electric Reliability Corporation as authorized under federal law to approve a high-voltage transmission line for construction by an incumbent electric transmission company, including, but not limited to, a regional transmission organization.
(h) "Regional transmission organization" means a person that meets all of the following:
(i) Possesses characteristics required under 18 CFR 35.34(j).
(ii) Performs functions required under 18 CFR 35.34(k).
(iii) Accommodates an open architecture as required under 18 CFR 35.34(l).
(iv) Is recognized by the Federal Energy Regulatory Commission as the organization with oversight responsibility for a region that includes the service territory of an incumbent electric transmission company.
Sec. 3. (1) An incumbent electric transmission company has the right to construct, own, operate, maintain, and control a high-voltage transmission line if both of the following apply:
(a) The high-voltage transmission line or its construction was included in a plan adopted or otherwise approved by a recognized electric planning authority for the incumbent electric transmission company.
(b) Either of the following:
(i) The incumbent electric transmission company is recognized as a designated transmission owner for the high-voltage transmission line by the recognized electric planning authority for the incumbent electric transmission owner.
(ii) The high-voltage transmission line will interconnect to facilities owned, or that will be owned, by that incumbent electric transmission company.
(2) The right to construct, own, operate, maintain, and control a high-voltage transmission line that will interconnect to facilities owned by 2 or more incumbent electric transmission companies belongs individually and equally to each incumbent electric transmission company, unless otherwise agreed to in writing by each incumbent electric transmission company.
(3) An incumbent electric transmission company has the right to upgrade or rebuild a high-voltage transmission line owned by that incumbent electric transmission company.
(4) This section does not alter or limit the right of a person to construct, own, operate, maintain, and control an electric transmission line in this state that is not a high-voltage transmission line. This section controls in any conflict between this section and any other law of this state.
(5) This act does not do any of the following:
(a) Confer the power of eminent domain.
(b) Modify the authority of the Michigan public service commission under 1939 PA 3, MCL 460.1 to 460.11.
(c) Modify the rights of property owners under the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.
(d) Modify the requirements, rights, and obligations of an incumbent electric transmission company under the electric transmission line certification act, 1995 PA 30, MCL 460.561 to 450.575.
