Energy (Transmission)

This bill updates Michigan's rules for electric utilities seeking permission to build major new transmission lines. It requires companies to send detailed, plain-language notices by mail and in local newspapers to all municipalities and landowners near proposed routes, including maps and contact information for public comment. The legislation also grants affected landowners and municipalities full legal standing to participate in the review process and sets a one-year deadline for the state commission to approve or deny applications. Additionally, the bill mandates that if a project is not started within five years of approval, the permit becomes invalid.

This bill allows electric utilities and other infrastructure providers to build and maintain electronic transmission lines within existing highway rights-of-way without needing separate consent from local governments. It establishes a fee structure for using these spaces, caps permit fees at $1,000 per mile, and requires that any installed lines be underground to avoid increasing road maintenance costs. Additionally, the legislation mandates that the state transportation department share future road plans with utility developers and provide a five-year notice before requiring the relocation of high-voltage transmission lines.

HB 5940 allows electric utilities and other providers to install electronic transmission infrastructure, such as high-voltage power lines, within existing highway rights-of-way without needing separate consent from local governments. The bill establishes specific standards for underground placement to avoid increasing road maintenance costs and introduces a fee structure where utilities pay a one-time permit fee, with revenues dedicated to highway capital and maintenance. Additionally, the legislation creates a coordination process between the state transportation department and utilities to identify suitable routes and includes protections that prevent the state from relocating transmission lines for at least five years once a route is approved.

HB 5540 amends Michigan's Electric Transmission Line Certification Act to allow qualified independent transmission companies to obtain a certificate of public convenience and necessity for major transmission lines. The bill defines such companies as entities that meet federal requirements to join a regional transmission organization, own transmission facilities divested from a utility active as of December 31, 2000, and operate independently from utilities serving retail customers. This change would enable these companies to build or expand high-voltage transmission lines (345 kV or higher, 5 miles or longer) without being classified as traditional electric utilities. The bill requires concurrent passage of HB 5538 and HB 5539 to take effect.

HB 4526 amends Michigan's condemnation law to clarify how courts review the "public necessity" of utility projects (like power lines) when property owners challenge them. It requires courts to hold hearings within 30 days of a challenge and decide within 60 days, prioritizing transmission line routes near public land, existing rights-of-way, or property boundaries. For private utility projects, courts must determine necessity based on evidence, while certificates from the Public Service Commission create a "prima facie" case for necessity. The bill also limits appeals of court rulings on necessity to require court permission, streamlining the process for utility companies and property owners.