Renewable Energy and Energy Storage Facility Siting

Summary

On November 28, 2023, Governor Gretchen Whitmer signed House Bill 5120 (PA 233 of 2023) which provides siting authority to the Michigan Public Service Commission (MPSC) for utility-scale wind, solar, and energy storage facilities under specified conditions. The MPSC has engagement sessions scheduled that are open to the public to gather input on the implementation of PA 233.

What facilities are covered by PA 233?

• The siting process created in PA 233 applies to
• Solar facilities with a nameplate capacity of 50 MW or more,

• Wind facilities with a nameplate capacity of 100 MW or more, and

• Energy storage facilities with a nameplate capacity of 50 MW or more with a discharge capability of 200 MWh or more.

Under what specific conditions could an application be filed with the Commission under PA 233?

• When a local unit of government requests the Commission to require an electric provider or independent power producer to file an application for a certificate with the Commission under Section 222(2) of Act 233,

• When a local unit of government does not have a compatible renewable energy ordinance (CREO),

• When a local unit of government fails to approve or deny the request in a timely manner,

• When a local unit of government denies an application that complies with the requirements of Section 226 of Act 233, or

• When a local unit of government amends its zoning ordinance after notice of a compatible renewable energy ordinance and the amendment imposes additional requirements on the development of energy facilities that are more restrictive than those in Section 226(8) of Act 233.

Does PA 233 take away control from local landowners?

No. Participating or not participating in a renewable energy or energy storage project is a decision for individual landowners. Commission approval of a siting certificate under PA 233 does not confer the power of eminent domain or require landowners to participate against their wishes.

PA 233 is effective on November 29, 2024.