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House gives pipeline veto power to state

November 11, 2004

Residents might not have any say in the approval of a pipeline set to be built along Interstate 96 on the city's south side under a measure approved Wednesday in the Michigan House.

By a 61-44 vote, the House agreed to take away cities' veto power on pipelines passing through their borders on state-owned land and give it to the state government. The measure now moves to the Senate for concurrence.

But in order for the legislation to succeed, it would have to be signed by Gov. Jennifer Granholm before the end of the legislative term next month.

If passed by the Senate, the bill would pave the way for Houston-based Wolverine Pipe Line Co. to construct the third phase of an underground pipeline along I-96.

Some House members, such as bill sponsor State Rep. Joseph Rivet, D-Bay City, celebrated the bill's passage, saying local units of government have to respect the state's power to decide what to do with its land.

"If they're asking us, the state, to respect the fact that they have some sovereignty over their city, then they should respect the state's right to do what we want with property under our charge," Rivet said.

The project directly affected by this decision is a 26-mile section of the Wolverine Pipe Line Co.'s Spartan Project that runs along I-96. Four miles of this project run through Lansing and residents have protested its placement.

The project would represent the third phase of a 61-mile pipeline through the state. This first part is completed, and the second is under construction.

Lansing officials took Wolverine to court and in June, the Michigan Supreme Court ruled that Michigan law gives Lansing the veto power on utility lines through their land. If passed, Rivet's bill would change the law and override this decision.

But some lawmakers, such as state Rep. Michael Murphy, D-Lansing, charge that the bill was hurriedly jammed through the House. He said there needs to be more deliberating for the bill to be fair.

"We haven't even had a week to debate this issue," Murphy said. "I'm disappointed in how this whole issue has been dealt with.

"It's being rushed by term-limited legislators."

Murphy proposed an amendment that would have required local governments to consent to the pipeline's construction if it ran within 500 feet of a schoolyard or day-care center. That amendment, along with five others, was defeated Wednesday. Despite the defeat, Murphy vowed to fight the bill as it moves through the Senate.

The new pipe will be 12 inches in diameter and be able to safely accommodate gas needs in Mid-Michigan for the next 30 years, said Tom Shields, spokesman for Wolverine Pipe Line Co., who said he was pleased with the House decision.

"They took a look at the broader statewide issues and decided the overall good of the people is more important than one community not wanting it in their backyard," he said, but added, "We have two more hurdles to go."

Shields said although Lansing residents are concerned, transplanting gasoline through a pipe four feet below the ground is much safer than using trucks or outdated pipes.

"It's 87 times safer to transport gasoline by a pipe four feet under the ground than by trucks," Shields said.

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