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New 'straits corridor authority' to oversee proposed Line 5 tunnel

The Senate bill is one of several bills fast-tracked for passage during the lame-duck session.
Credit: Courtesy of National Wildlife Federation
A diver working on behalf of the nonprofit National Wildlife Federation inspects the Line 5 oil pipelines at the lake bottom in the Straits of Mackinac during a July 2013 dive.

LANSING — Senators on Wednesday approved revised legislation to create a new three-member authority to oversee a proposed Enbridge Line 5 tunnel.

The proposed creation of a Mackinac Straits Corridor Authority came after Republican Gov. Rick Snyder, faced with strong opposition, abandoned a plan to put the controversial tunnel under the control of the Mackinac Bridge Authority.

The lame-duck legislation, which passed by a 25-13 vote and now moves on to the House, is expected to complicate stated plans to shut down the Enbridge Line 5 pipeline by two incoming Democratic state officials — Gov.-elect Gretchen Whitmer and Attorney General-elect Dana Nessel.

Both Whitmer and Nessel, who take office Jan. 1, oppose the tunnel plan and say Line 5 should be decommissioned as quickly as possible to avert a potentially catastrophic leak and oil spill in the environmentally sensitive Straits of Mackinac.

The Senate bill is one of several bills fast-tracked for passage during the lame-duck session that would put GOP roadblocks in the way of Democrats elected to statewide office or would curb the powers of the governor, attorney general or secretary of state.

More: Snyder scraps plan to put Line 5 tunnel under bridge authority

More: The most controversial bills in Michigan's lame duck legislature

Proponents of the tunnel plan say it is the best way to ensure energy security —including delivery of propane to the Upper Peninsula — and longtime safety for Line 5. Opponents say Line 5 mostly delivers Canadian oil to Canadian customers and there are other ways to deliver propane to the U.P. They say digging the tunnel will create new environmental problems and the risk of a leak remains during the seven to 10 years it will take to construct it.

Enbridge is to pick up the $300 million to $500 million cost of constructing the tunnel, but the Legislature plans to appropriate $4.6 million for state oversight.

Under the proposed legislation, the board members of the new authority will be appointed by the governor, with no more than two members from the same political party.

The bill still contains some language referencing the Mackinac Bridge Authority, but Senate Republican spokeswomanAmber McCann said that is for expediency only, and all responsibilities will be immediately transferred from the bridge authority to the new straits authority. She said there wasn't time to introduce a completely new bill, and the references to the Mackinac Bridge Authority were required to comply with rules requiring any piece of legislation to have a single object and purpose.

Authority members would serve for six-year terms. They would serve without compensation, but be reimbursed for expenses.

Sen. Wayne Schmidt, R-Traverse City, said lawmakers want the three authority members appointed by year's end.

Asked why they wouldn't wait to allow Whitmer, the incoming governor, to appoint the authority members, Schmidt cited pipeline safety.

"The sooner we get (the tunnel), the less risk there is, even if it's minuscule, which I think it is," Schmidt said.

The authority is expected to own the tunnel corridor and lease it to Enbridge.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.

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