In November 2023, Governor Gretchen Whitmer signed House Bill 5120 (PA 233 of 2023) which provides siting authority to the Michigan Public Service Commission for utility-scale wind, solar, and energy storage facilities. PA 233 becomes effective on November 29, 2024.
Recently, the Michigan Public Service Commission has published a checklist for applicants who are interested in filing. The checklist, which can be found here, has a list of over 300 items which must be completed prior to an application.
This blog is meant to show applicants who are interested in applying for utility-scale wind, solar, and energy storage facilities some of the key items that will need to be provided to the Michigan Public Service Commission.
First, applicants must provide a variety of information related to land use. This includes land use maps, maps showing acreage of viable farmland, existing electrical gas and telecommunications systems, tax parcel numbers, existing local zoning districts, property lines, known archaeological, geological, historic, or other areas, and a variety of other land use items.
Next, applicants are to provide explanatory information and specifically descriptions of the project area and the portion of the community where the project will be sited. This information includes anything related to the major industries in the area, visual impacts, schools, civil facilities, a description of the planned screening, landscaping, and vegetative cover, and other information related to the project.
Applicants must also provide information related to construction of the facility. Information such as soil surveying, grading and excavation, stringing of cable and laying of pipe, depth of underground facilities, and maps showing planned routes for cranes and other heavy equipment. Applicants must also provide alternatives for some of these items.
Applicants must also provide emergency response plans, fire response plans, a complaint resolution process, a schedule of events, various environmental compliance plans, a decommissioning plan, a cost estimate, plans regarding public health and safety, and various other information.
As you can see, there is a lot of information that needs to be gathered and presented to the Michigan Public Service Commission for utility-scale wind, solar, and energy storage facilities. If you are an applicant and need assistance, the attorneys at Dalton & Tomich, PLC are experienced land use attorneys and would be happy to assist you in moving your project forward. Please do not hesitate to reach out for an initial consultation.
