Michigan House votes to shift power on zoning for renewable energy - Detroit Free Press

Michigan House votes to shift power on zoning for renewable energy

Michigan House OKs plan to give state regulators zoning control for clean energy projects
Arpan Lobo Paul Egan

Michigan House Democrats advanced legislation Wednesday intended to give state regulators power to approve zoning applications for solar and wind energy generation facilities, shifting control away from local zoning authorities. While the bills are seen as a key tool to increase renewable energy generation in Michigan, Republicans and other groups opposed to the proposal argue it takes power out of the hands of local municipalities to approve major projects.

House Bills 5120 and 5121 passed along party lines Thursday. The bills initially were written to give the Michigan Public Service Commission the authority to approve zoning applications for solar and wind energy projects generating at least 100 megawatts of electricity. These projects could include solar panels, wind turbines and other wind-and solar-related facilities, as well as components needed to run them.

During a late-night House session Thursday, Democratic leadership adopted dozens of amendments to the initial bill in the package just before voting on the legislation.

Proponents of the bills say they will spur the construction of renewable energy facilities needed to achieve Michigan’s new clean energy goals. Lawmakers have approved proposals setting a 2040 goal for Michigan to have 100% clean energy generation, with 60% of that energy required to be from renewable energy sources like wind and solar by 2035.

But bill opponents say state regulators shouldn’t sign off on major projects if local communities are opposed to them. And while bill sponsors have said the state would only need to convert 3-4% of its current farmland into green energy generation projects, Republican lawmakers have noted that much of Michigan's farmland is in their districts.

“This goes directly against the will of the people, at least my constituents, my people in southwest Michigan,” said Rep. Pauline Wendzel, R-Watervliet, during an Oct. 11 committee hearing. Wendzel referenced a special election to approve zoning for a solar energy project which failed overwhelmingly in a Van Buren County town.

Republican lawmakers continued to voice opposition to the bills Thursday evening.

“This plan would give an unelected board in Lansing the power to dictate decisions concerning our local communities and burden our rural areas with massive wind and solar farms even despite legitimate pushback," said Rep. Matthew Bierlein, R-Vassar, referencing the MPSC.

Commissioners on the three-member MPSC are all appointed by the governor.

Amendments added Thursday were aimed in large part at addressing concerns about the state usurping local control.

They allow local governments to maintain a level of control if they first pass a “compatible renewable energy ordinance.”

Even in the absence of that, they require project sponsors to notify and work with local residents and local government officials before turning to the Michigan Public Service Commission, discuss site plans, and hold a public meeting.

They provide for payments of up to $150,000 to affected local governments, plus a “host community agreement” with the local unit of government or a community-based organization that provides for a one-time payment of $2,000 per megawatt of capacity.

The amended bills also call for a decommissioning plan, backed by financial guarantees.

Late amendments also specified larger setback requirements and stricter controls on the amount of light and noise emitted by such projects, and assessment of their impacts on area land drainage.

The bills mandate electric providers or independent energy producers to hold public meetings in each of the affected local municipalities they seek a permit in. Applications for projects would have to include a site plan with the location of the energy project, as well as details on construction length, effects on the local environment, plans to mitigate any potential effects on local television, radio and microwave signals and weather detection.

A bevy of environmental conservation advocacy groups have voiced support for the bills, as well as groups supporting clean energy industries like the American Clean Power Association and the Clean Grid Alliance, according to a bill analysis.

Groups opposing the plan include several local government advocacy associations, like the Michigan Municipal League and Michigan Townships Association, and also agriculture groups like the Michigan Agri-Business Association.

The bills will now advance to the Michigan Senate for consideration.

After approving the zoning bills for energy projects, House lawmakers also voted along party lines to pass legislation aimed at making Michigan carbon-free for energy generation by 2040.

Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.

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