In less than a month, on November 29, 2024, PA 233 will go into effect. The legislation applies to solar projects with a capacity of 50 megawatts or greater, wind projects with a capacity of 100 megawatts, and energy storage facilities with a capacity of 50 megawatts or greater. The legislation is a priority of Governor Gretchen Whitmer as it helps bolster her initiative to have the State of Michigan be completely reliable on clean energy sources.
The main goals of PA 233 are to preempt existing local siting authority, set statewide standards, and grant siting authority for utility-scale renewable energy facilities to the Michigan Public Service Commission (MPSC).
To require a developer to go local government, the locality must have a “compatible renewable energy ordinance” also known as a “CREO.” The CREO must comply with the statewide standards promulgated by the State of Michigan Legislature. These standards touch a variety of concepts such as setbacks, decibel levels, and height.
Local units not in compliance with the statewide standards if it is more restrictive than the statewide standards. If the standards are higher, and the developer is still interested in developing in the locality, the locality has 120 days to approve or deny the project application. If the locality denies or fails to act on the application, the MPSC would then receive the application.
If a local unit does not have a CREO, the developer would file their application with the MPSC who would then have 60 days to review the application to determine it is complete. The MPSC has one year to approve or deny the application.
Many groups, such as the Michigan Townships Association, believe the new rule strips localities of decision making and allows developers to circumvent processes that have been in place for years. But, it is important to note that the application process is extremely difficult and localities will have a say one way or another.
The attorneys at Dalton & Tomich, PLC are well versed in all aspects of land use and zoning. If you have any questions about how Public Act 233 will affect your locality, your potential project, or your land, please reach out today to connect with an attorney.
