Bill Text: MI SB0594 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Land use; zoning and growth management; production of ethanol in zoned agricultural land; authorize. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. 515.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2009-05-20 - Referred To Committee On Agriculture And Bioeconomy [SB0594 Detail]

Download: Michigan-2009-SB0594-Introduced.html

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SENATE BILL No. 594

 

 

May 20, 2009, Introduced by Senators KUIPERS, JELINEK, VAN WOERKOM and ALLEN and referred to the Committee on Agriculture and Bioeconomy.

 

 

 

     A bill to amend 2006 PA 110, entitled

 

"Michigan zoning enabling act,"

 

(MCL 125.3101 to 125.3702) by adding section 515.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 515. (1) A zoning ordinance that provides for an

 

agricultural district shall provide that an ethanol production

 

facility is a use by right in any agricultural district if both of

 

the following requirements are met:

 

     (a) None of the land adjacent to the land on which the ethanol

 

production facility is located is zoned for any residential use.

 

     (b) Not more than 100,000 gallons of ethanol is produced at

 

the facility annually.

 

     (2) A zoning ordinance that provides for an agricultural

 

district shall provide that if an ethanol production facility does

 

not meet the requirements of subsection (1), the ethanol production

 

facility is subject to approval as a special land use in any

 

agricultural district.

 

     (3) An application for special land use approval under

 

subsection (2) shall include all of the following:

 

     (a) A site plan as required under section 501, including a map

 

of the property and existing and proposed buildings and other

 

facilities.

 

     (b) A description of the process to be used to produce

 

ethanol.

 

     (c) The number of gallons of ethanol anticipated to be

 

produced annually.

 

     (d) An emergency access and fire protection plan that has been

 

reviewed and approved by the appropriate responding police and fire

 

departments.

 

     (e) Written documentation from applicable agencies that the

 

proposed use will comply with local, state, and federal laws,

 

including, but not limited to, laws governing air quality, the

 

transportation of fuel, the reuse and disposal of byproducts, and

 

the storage of raw materials, fuel, and byproducts.

 

     (f) A study of anticipated water usage at the ethanol

 

production facility conducted by a professional engineer or other

 

professional familiar with hydrogeologic reports. The study shall

 

address how much water will be utilized and identify the effect

 

upon waters of this state and upon water supply and wastewater

 

infrastructure needs of the local unit of government.

 

     (g) Information that demonstrates compliance with subsection

 

(4).

 

     (h) Any additional relevant information as required by the

 

body or official responsible for granting special land use

 

approval.

 

     (4) Special land use approval of an ethanol production

 

facility is subject to all of the following requirements:

 

     (a) All buildings and equipment used in the production or

 

storage of ethanol shall meet all applicable requirements of local,

 

state, and federal law, including, but not limited to, setback

 

requirements, and shall be at least 100 feet from any property line

 

bordering the site.

 

     (b) Ethanol shall not be produced unless the owner or operator

 

of the ethanol production facility provides the local unit of

 

government with proof that all necessary approvals have been

 

obtained from the department of environmental quality and other

 

state and federal agencies that are involved in permitting any of

 

the following aspects of ethanol production:

 

     (i) Storage of raw materials, fuel, and byproducts used in, or

 

resulting from, ethanol production.

 

     (ii) Reuse and disposal of byproducts from ethanol production.

 

     (iii) Air quality standards associated with ethanol production.

 

     (iv) Transportation of ethanol or ethanol production

 

byproducts.

 

     (c) An ethanol production facility shall include both of the

 

following:

 

     (i) Sufficient storage for raw materials and fuel.

 

     (ii) Sufficient storage for byproducts from ethanol production

 

or the capacity to dispose of byproducts through land application,

 

livestock consumption, or sale.

 

     (5) The owner or operator of an ethanol production facility

 

shall maintain the facility in an orderly and clean condition and

 

operate it to minimize noise, odors, and light pollution and not

 

create a nuisance. The local unit of government may inspect the

 

ethanol production facility at any reasonable time to determine

 

compliance with the requirements of this section.

 

     (6) A zoning ordinance subject to this section shall require

 

that the ethanol production facility render ethanol unfit for

 

beverage use if it is to be sold off premises.

 

     (7) An amendment to a zoning ordinance adopted under this

 

section is not subject to a protest petition under section 403.

 

     (8) If on the effective date of the amendatory act that added

 

this section a local unit of government has in effect a zoning

 

ordinance that provides for an agricultural district, the local

 

unit of government shall amend the zoning ordinance to comply with

 

this section within 150 days after the effective date of the

 

amendatory act that added this section.