SB 1050

SENATE BILL NO. 1050
A bill to require certain data centers to be subject to
community benefit agreements; to provide for the review and approval of
community benefit agreements; to provide for the powers and duties of certain
state and local governmental officers and entities; and to provide for the
promulgation of rules.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "data center community benefit act".
Sec. 3. As used in this
act:
(a) "Commission" means the Michigan public service
commission created in section 1 of 1939 PA 3, MCL 460.1.
(b) "Community benefit agreement" means 1 or more
binding legal agreements between the owner or operator of a data center and a
local unit of government or other community stakeholders under which the owner
or operator agrees to pay for or provide certain resources to accommodate and
benefit local community interests.
(c) "Data center" means a facility in this state
that is composed of 1 or more buildings and that is designed and intended for
housing, and does house, data center equipment to centralize the storage and
processing of data.
(d) "Local unit of government" means a county,
township, city, or village.
(e) "Person" means an individual or a partnership,
corporation, limited liability company, association, governmental entity, or
other legal entity.
Sec. 5. (1) A person shall
not begin construction or operation of a data center unless all of the
following conditions are met:
(a) The owner or operator files an
application with the local unit of government in which the data center is to be constructed or operated for
review of a community benefit agreement in accordance with subsection (2).
(b) The local unit of government approves the community
benefit agreement under subsection (2).
(c) The owner or operator enters into the community benefit
agreement approved by the local unit of government under
subsection (2).
(2) In order to obtain approval for a community benefit
agreement under this section, the owner or operator of a data center must file
an application for review with the local unit of government in which the data
center is to be constructed or operated. The
application must be on a form prescribed by the local unit of government. Not
later than 90 days after receiving an
application under this subsection, the local unit of government shall approve
or deny the application. The local unit of government shall not approve the
community benefit agreement unless the local unit of government determines that
both of the following conditions are met:
(a) The parties to the community benefit agreement include,
but are not limited to, the owner or operator of the data center and the local
unit of government or an agency or instrumentality of the local unit of
government.
(b) The community benefit agreement will accommodate and
benefit the public health, safety, and general welfare of the inhabitants and
the lands and resources of the local unit of government.
Sec. 7. A local unit of
government may deny or refuse to issue, grant,
or approve a site plan, permit, land use or activity, variance, easement,
certificate, or other authorization for a data center if
the local unit of government has not approved
a community benefit agreement for the data center under section 5.
Sec. 9. The commission may promulgate rules to implement this act
under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.