About a month ago in mid-October, the Michigan Public Service Commission (“MPSC”) published comments on procedures which will be used to implement Public Act 233 of 2023 (“PA 233”). PA 233 gives MPSC siting authority over large-scale energy projects and is only not applicable to those projects if the locality has a compatible renewable energy ordinance (“CREO”) with requirements that are no more restrictive than those in PA 233.
This blog is meant to serve as a primer for those procedures and looks at ones which landowners and developers should be aware of once PA 233 of 2023 formally goes into effect later this month on November 29, 2024.
Although it sounds somewhat simple, a CREO is somewhat obscure. They can contain various requirements including setback, fencing, height, sound, and other applicable requirements expressly outlined in PA 233, but may not contain additional requirements beyond those specifically identified in PA 233.
The meeting schedule is also key to determining whether a locality has an applicable CREO. A public meeting in the locality must be held on the project, but before that meeting occurs, the applicant must have a series of other meetings. Applicants first must meet with the Chief Elected Official of the locality 60 days before the public meeting. The Chief Elected Official can be a mayor, village president, a township supervisor, a board chair, or another highly ranked local government official.
30 days before the public meeting, there must be public notices given to each affected local area and a copy of the notice must be sent to MPSC. Additionally, 14 days before the public meeting, a publishing must be done in the newspapers in each city and township of all affected local areas.
Clearly, there are many documents which will need to be prepared in addition to the various timelines that will need to be met when developing a large scale solar energy project. If you have any questions about the steps, or questions about procedures, please do not hesitate to reach out to the attorneys at Dalton & Tomich, PLC. They have years of combined experience in all aspects of land use and would be happy to help you reach your goals.
