Bill Text: MI SB1124 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Energy; alternative sources; wind turbine developments; provide protections against public or private nuisance regulations under certain conditions. Amends sec. 2425 of 1961 PA 236 (MCL600.2425) & adds sec. 2941a. TIE BAR WITH: SB 1123'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-10-22 - Referred To Committee On Energy And Technology [SB1124 Detail]
Download: Michigan-2013-SB1124-Introduced.html
SENATE BILL No. 1124
October 22, 2014, Introduced by Senator WALKER and referred to the Committee on Energy and Technology.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2425 (MCL 600.2425) and by adding section
2941a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2425. (1) If Subject to
subsection (2), if an action to
abate a public nuisance is brought by a private citizen, whether or
not the attorney general or prosecuting attorney intervenes, and
the court finds that there was no reasonable ground or cause for
the action, costs may be taxed against such citizen. In such a
case, attorney's fees are proper costs.
(2) If, in an action alleging public or private nuisance
caused by a wind energy system, the defendant prevails for reasons
set forth in section 2941a(2), costs and reasonable attorney fees
shall be taxed against the plaintiff.
(3) (2)
When If the attorney general or prosecuting attorney
intervenes,
the costs incurred by such that
officer shall be
payable
paid by the county in which the nuisance exists and all
costs collected in the action shall be paid into the treasury of
such
that county.
Sec. 2941a. (1) As used in this section:
(a) "Commission" means the Michigan public service commission.
(b) "Extension siting guidelines" means "Michigan Land Use
Guidelines for Siting Wind Energy Systems", published by the
Michigan state university extension and, if published after the
effective date of this section, adopted by the commission pursuant
to subsection (4).
(c) "Wind energy system" means a system that converts wind
energy into electricity through the use of 1 or more wind turbine
generators and includes the turbines, blades, and towers as well as
related electrical equipment. Wind energy system does not include
wiring to connect the system to the electric grid.
(2) A wind energy system is not a public or private nuisance
if the wind energy system complies with both of the following:
(a) The extension siting guidelines in effect on the date the
wind energy system first began operating.
(b) Any applicable zoning ordinance in effect at the time the
wind energy system first began operating.
(3) An action for a public or private nuisance based on a wind
energy system's noncompliance with the applicable extension siting
guidelines or an applicable zoning ordinance as provided under
subsection (2) may be brought only by those property owners or
other persons with respect to whom the violation occurs.
(4) The commission shall by rule adopt for the purposes of
this section the most recent version of the "Michigan Land Use
Guidelines for Siting Wind Energy Systems", published by the
Michigan state university extension after the effective date of
this section if the changes in the updated version will protect
human health and safety and the environment and promote the cost-
effective generation of electricity from wind.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.1123
of the 97th Legislature is enacted into law.
