Mackinac Straits Corridor Authority (MSCA)

MSCA – Mackinac Straits Corridor Authority

MBA – Mackinac Bridge Authority

MDOT – Michigan Department of Transportation

EGLE – Michigan Department of Environment, Great Lakes, and Energy

MPSC – Michigan Public Service Commission

USACE – United States Army Corps of Engineers

EIS – Environmental Impact Statement

IQA – Independent Quality Assurance Contractor (required by Tunnel Agreement)

ROD - Record of Decision (for an Environmental Impact Statement (EIS))

Michigan Public Act 359 of 2018 (P.A. 359 of 2018) amended P.A. 214 of 1952 and created the Mackinac Straits Corridor Authority (MSCA) within the state transportation department (Michigan Department of Transportation, or MDOT) to oversee construction, maintenance, operation and decommissioning of a utility tunnel joining the Upper and Lower peninsulas of the state at the Straits of Mackinac (Utility Tunnel) “for the purpose of accommodating utility infrastructure, including but not limited to pipelines, electric transmission lines, facilities for the transmission of data and telecommunications, all useful and related facilities, equipment, and structures, and all necessary tangible or intangible real and personal property, licenses, franchises, easements and rights-of-way.” MCL 254.324 and 254.324d. While that role was initially assigned to the Mackinac Bridge Authority (MBA), it was transferred in the act to the MSCA via P.A. 359 of 2018.

P.A. 359 of 2018 also directed that the MSCA enter into an agreement or series of agreements for the construction, maintenance, operation and decommissioning of a Utility Tunnel if it finds all of the criteria set forth in MCL 254.324d have been met, including: “That the proposed tunnel agreement provides the Mackinac Straits Corridor Authority with a mechanism to ensure that a utility tunnel is built to sufficient technical specifications and maintained properly to ensure a long asset life and secondary containment for any leak or pollution from utilities using the tunnel.”

The Tunnel Agreement, which met each of the criteria in MCL 254.324d, including providing such oversight mechanisms, was signed in December 2018.

As provided in P.A. 359 of 2018, the MSCA “is a state institution within the meaning of section 9 of article II of the state constitution of 1963, and an instrumentality of this state exercising public and essential governmental functions. The creation of the [MSCA] and the carrying out of the [MSCA’s] authorized purposes are public and essential governmental purposes for the benefit of the people of this state and for the improvement of the health, safety, welfare, comfort and security of the people of this state, and these purposes are public purposes. The [MSCA] will be performing an essential governmental function in the exercise of the powers conferred upon it by this act.” MCL 254.324b.

No. The MSCA was charged by the Legislature with entering into an agreement or series of agreements “for the construction, maintenance, operation and decommissioning of a utility tunnel” if MSCA found the agreement met all the criteria listed in MCL 254.324d. The MSCA does not possess any powers not explicitly granted to it under P.A. 359 of 2018 and cannot prohibit construction of the proposed Utility Tunnel. It can, however, require that the Utility Tunnel’s design and construction meet all requirements of the Tunnel Agreement.

No, the MSCA does not possess any powers beyond what is explicitly granted to it under P.A. 359 of 2018 and has no authority or oversight over Line 5 except with respect to the relocation of a portion of Line 5 into the Utility Tunnel.

The MSCA has been actively engaged in fulfilling all the requirements of the Tunnel Agreement and has contracted with nationally recognized tunnel experts and advisors to assist it through the entire design and construction process. In addition, Enbridge is required by the Tunnel Agreement to provide the funds necessary for the MSCA to retain an Independent Quality Assurance Contractor (IQA) with appropriate technical expertise to monitor the construction of the Utility Tunnel and provide information to the MSCA. The Tunnel Agreement further requires Enbridge to provide the IQA, or other representatives of the MSCA, reasonable access to construction documents and construction sites necessary to complete standard of practice quality assurance. Further, the Tunnel Agreement required Enbridge and the MSCA to jointly develop project specifications related to the design and construction of the Utility Tunnel; the MSCA approved the project specifications in December 2023 prior to Enbridge soliciting requests for proposals from prospective contractors. The MSCA was also involved in reviewing both the request for proposals and observing the contractor selection process for tunnel construction to ensure compliance with the Tunnel Agreement. The MSCA retained a nationally recognized independent tunnel consultant with decades of experience to provide ongoing advice through the design and construction process.

If there are vacancies on the MSCA board, interested residents can apply to be appointed through Michigan’s Office of the Governor.

Notice of MSCA meeting locations, times and agendas are posted prior to each meeting date. All MSCA meetings are open to the public and attendance is encouraged. The MSCA website also has links to recordings of previous meetings.

Attendees who require mobility, visual, hearing, written or other assistance for effective participation should contact MDOT Title VI Coordinator Orlando Curry at 517-241-7462, preferably at least five business days prior to the scheduled meeting. Forms are located on the MDOT Title VI webpage. Requests made after this timeframe will be evaluated and honored to the extent possible. Comments about the MSCA or the Utility Tunnel can be sent to MDOT-MSCA@Michigan.gov.