Public Acts 233 and 234 of 2023, which preempt existing local siting authority, set statewide siting standards and grant siting authority for utility-scale renewable energy facilities to the Michigan Public Service Commission (MPSC), will take effect on Nov. 29, 2024.
- January 2024 Township Focus Cover Story: Renewable energy in Michigan: Many questions remain
MTA Board votes to support initiative efforts to repeal PA 233
MTA’s Board of Directors has voted to support the efforts of an initiative petition, led by the group Citizens for Local Choice, that would repeal PA 233 and return local control over utility-scale renewable energy facilities to Michigan’s communities. Read more here.
Reminder: The Michigan Campaign Finance Act limits how a public body can use public funds or property when it comes to campaigning for ballot questions or candidates. For guidance on what townships and township officials may—and may not—do in their official capacity and as individuals to support ballot initiatives, see MTA’s fact sheet, “Getting the Word Out: Campaign Finance Act Compliance”, as well as our new fact sheet on Campaign Materials on Township Property. Find additional resources on MTA’s “Campaign Finance Act Compliance” webpage (login is required to access the webpage).
MPSC begins implementation of renewable energy facility law
The MPSC has initiated the process to begin implementing the new law, and will address PA 233 implementation in Case No. U-21547. Individuals can sign up on the case webpage to be notified of any filings and review any public comments received. A siting implementation work page will also host information on workgroup meetings (time, date, participation information, agenda, presentations, and meeting recordings etc.) along with updates on commission activities and background information. An e-mail sign up at the bottom of the page allows you to receive information on all the meetings and information that is sent out.
Inside the law
To require a developer to go through a local unit of government, the local unit must have a “compatible renewable energy ordinance” that complies with statewide standards such as setbacks, decibel levels and height. A renewable energy ordinance is not considered compatible if it is more restrictive than the statewide standards. The local unit would then be limited to a period of 120 days to approve or deny the project with a possible extension of up to 120 days ONLY if mutually agreed upon by the local unit and the developer. If the local unit denies or fails to act on the proposal, the MPSC would then receive the application.
If a local unit does not have a “compatible renewable energy ordinance,” the developer would apply directly to the MPSC which would have 60 days to review the application to determine if it is complete and one year to approve or deny the application. Additionally, while MPSC shall consider the impact on the local land use, including the percentage of land within the local unit of government dedicated to energy generation, the legislation does not limit the overall land that can be utilized in a local unit for said purposes. A one-time $2,000 per megawatt payment in provided from the energy facility owner to the local unit for public safety and infrastructure purposes; however, both parties (the local unit and the energy facility owner) must agree on how the funds can be spent.
MTA and its members stridently opposed the legislation, which creates a one-size-fits-all approach for Michigan’s communities. This legislation silences the voices of local officials and residents over these important local decisions. We believe that the siting and permitting of renewable facilities should remain with the local community where that facility will be located for the next 20 to 50 years.
MTA press release—House-passed renewable energy siting bills do not protect local control
MTA Q&A Renewable Energy Presentation
MTA Renewable Energy Media Statement
MTA statement by MTA Executive Director Neil Sheridan:
“Utility-scale renewable energy siting can be an incredibly contentious topic in communities across the state. But the answer is not to take away local governments and residents’ say about issues and decisions that have very real, lasting and potentially dramatic impacts for their community. Attempts to strip away local authority are becoming more and more common. No one knows a community—and its wants and needs—better than residents and the local officials they elect to represent and serve them. We understand the need, and the desire, for renewable energy. Many townships across the state are already home to renewable energy facilities—by their choice. We will work to ensure that communities and Michiganders keep their voice on these important local decisions.”