SENATE BILL No. 292

 

 

March 30, 2017, Introduced by Senator JONES and referred to the Committee on Natural Resources.

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 32517.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32517. (1) Notwithstanding section 2129, the department

 

shall not grant an easement over, through, under, or upon

 

bottomlands of the Great Lakes for a pipeline to transport crude

 

oil or liquid petroleum products.

 

     (2) The owner of any pipeline authorized to transport crude

 

oil or liquid petroleum products and for which an easement over,

 

through, under, or upon bottomlands of the Great Lakes was granted

 

by this state before the effective date of this section shall do

 

both of the following:

 

     (a) By 90 days after the effective date of this section,

 

provide the governor and the legislature with a preliminary

analysis of risks from a spill from the pipeline into the Great

 

Lakes.

 

     (b) By 120 days after the effective date of this section,

 

provide the governor and the legislature with 1 of the following:

 

     (i) A full analysis of risks from a worst-case spill from the

 

pipeline into the Great Lakes.

 

     (ii) An analysis of risks that meets the content requirements

 

of an environmental impact statement as described in 40 CFR part

 

1502, including alternatives to the pipeline.

 

     (3) An analysis under subsection (2) shall be in writing and

 

conducted by a qualified independent third party.

 

     (4) If the department determines, based on the preliminary

 

analysis under subsection (2)(a), that the public trust in the

 

waters of the Great Lakes is at risk of being impaired or

 

substantially adversely affected, the operator of the pipeline

 

shall immediately shut down the pipeline pending an analysis under

 

subsection (2)(b).

 

     (5) If the department determines, based on the analysis under

 

subsection (2)(b), that the public trust in the waters of the Great

 

Lakes is at risk of being impaired or substantially adversely

 

affected, the department shall give written notice of its

 

determination to the operator of the pipeline. Unless the operator

 

cures the risks identified in the analysis within the period of

 

time specified by the easement or, if no period is specified by the

 

easement, within 90 days, the easement for the pipeline is

 

terminated and the operator shall decommission the pipeline.

 

     (6) As used in this section, "Great Lakes" means the Great

Lakes and their connecting waters, including Lake St. Clair.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.