In late 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 under specified conditions. The effective date of the new law is November 29, 2024. Since March 2024, the Commission has held meetings semi-regularly to aid those who are interested in information related to the Bill and what the process for siting might look like going forward.
Presently, we are in the public comment period where anyone who wishes to make suggestions for how the new law is enforced can do so. Although the parameters on how siting will go is not official yet, this blog serves as a primer as to how the installation process may go once the law is effective in November.
First, the proper permits must be filed with their respective agencies. This may be at the local, state, or even federal level. Depending on the jurisdiction, you may need a building permit and an electric permit. Additionally, depending on where your land is located, you may need to seek approval from your homeowner’s association. The rights and duties you owe to your homeowner’s association are unaffected by the House Bill 5120. Getting this step out of the way at the outset is key to making sure development continues efficiently.
After receiving the proper permits, the next step, and arguably the most important one, is finding a developer to develop your land for a utility-scale wind, solar, and energy storage facility. Essentially, you as a landowner will need to market your property for use. This may be done via the Internet, physical billboards, advertisements in news publications, etc. It should be noted that sometimes the permitting process occurs after a developer has reached out about your land.
Once an agreement is reached with a developer, the next step is the most burdensome step in the whole process: construction. Construction can take months or even years to complete given the size of these respective utility-scale wind, solar, and energy storage facilities.
Finally, once construction is complete the story is not over yet. Unless you outright sell the land to the developer, these utility-scale wind, solar, and energy storage facilities require constant maintenance and care to operate effectively. You as the landowner will most likely be hands off throughout this process and the construction process, but your interests will still want to be accounted for during both phases.
Although these steps appear to be straightforward, you as a landowner will likely face hurdles along the way. It is best to have an attorney to make sure your interests are accounted for. The attorneys at Dalton & Tomich, PLC have years of combined experience all aspects of land use. Please reach out with any questions or concerns you may have and we would be happy to assist you.
NB: This article does not constitute legal advice and does not create an attorney-client relationship with any reader(s).
