Michigan lawmakers mull shifting control of solar projects to state - Detroit News
Michigan lawmakers mull shifting control of solar projects to state
Michigan lawmakers mull shifting control of solar, wind projects to state regulators
Beth LeBlanc
Lansing — The Michigan House committee on Wednesday began considering a four-bill package that would give a state commission authority over site permits for large solar and wind farm projects — a proposal that would sidestep local governments that have been blocking the developments in recent years.
Residents from rural Michigan, lobbyists and lawmakers packed the Lansing committee room for the first House Energy Committee hearing on the bills introduced Tuesday.
Currently, townships, cities and counties are able to set their zoning and permitting standards as it relates to solar and wind installations. But the proposed legislation would allow landowners and utilities the option of going through either the local community or the Michigan Public Service Commission for projects generating more than 50 or 100 megawatts.
The legislation pits local control against state agency oversight as Gov. Gretchen Whitmer's administration and the Democratic-led Michigan Legislature seek to fasttrack renewable energy goals for Michigan.
Rep. Abraham Aiyash, a Hamtramck Democrat who is a lead sponsor on the package, argued that for years urban areas have born the brunt of coal and gas production. But the ability to spread renewable generation across the state allows for a fairer distribution, a cleaner form of energy, the creation of new jobs, and the use of farmland that an owner might otherwise have to sell.
"In order for us to produce our energy supply in this state, everybody has to do their fair share,” Aiyash said.
Republican state lawmakers, meanwhile, voiced opposition to the plan, arguing it would sidestep local control and run counter to several ballot measures where solar and wind ordinances were voted down in local communities They also argued the fights over solar and wind have largely been occurring in rural, Republican areas the bill sponsors don't represent, but the legislation would allow solar and wind farms in those areas.
"They will go to the rural communities," Rep. Pat Outman, R-Six Lakes, said of the utilities. "We will be stuck with the infrastructure."
Aiyash said he's open to some changes to the legislation but hopes to move the bills through the House in the coming weeks. The bills, also sponsored by Reps. Phil Skaggs, D-East Grand Rapids, and Ranjeev Puri, D-Canton Township, would take effect a year from the date they are enacted.
The debate over siting
The legislation comes as largely local, rural communities have sought to block wind and solar projects — presenting a considerable hurdle for large utilities such as DTE and Consumers Energy to meet renewable energy goals.
Aiyash said the state, in order to meet its goals, would likely need to use about 3% of 4% of land in Michigan for wind and solar energy projects.
But Judy Allen, of the Michigan Township Association, argued that number has been fluid, with some arguing the 3% to 4% includes only solar and not wind. She also argued that percentage, if concentrated in certain rural communities, could have a large impact on planning and quality of life.
"These decisions on the location of the renewable facilities create a lasting change for a local community," Allen said.
More: As local battles rage across Michigan, state looks for new path on solar energy
Ed Rivet of the Conservative Energy Forum argued the current way of siting the projects is untenable. Over the past five years, roughly 100 projects have been turned away by local communities, he said.
Many of the fights over those projects have included local recalls, division, threats, blackmail, vandalism and unethical behavior, Rivet said.
"It's not pretty and it has to change," he said.
Michigan Public Service Commission Chairman Dan Scripps argued the commission's authority currently stretches across several different energy sectors and authority over renewables, in that context, would not be overburdensome for the commission.
He said DTE has cited the local solar and wind siting processes as "the single largest threat" to meeting the renewable goals agreed upon between the utility and commission.
"There is an absolute role of local units in informing the projects," Scripps responded. But it's also important, he said, "that state interests aren’t subject to a veto of the people."
"They get a voice in the process but they don’t get a veto," Scripps added.
How the state siting process would work
The bills introduced Tuesday evening would create a process that would preempt local zoning ordinances and allow the Michigan Public Service Commission to award certifications to wind or solar energy facilities and energy storage facilities with a capacity of more than 100 megawatts.
A second track of the legislation would allow solar energy facilities and energy storage facilities with a storage capacity between 50 and 100 megawatts to go through the state commission also.
The electric provider seeking the certification would need to hold a public meeting in each affected community and offer to meet with local officials as part of its application process.
The provider would have to give the commission a copy of its site plan and an application for a certificate that includes a project's description, use, public benefits, location and decommissioning plan.
The project could not be located closer than 150 feet from an occupied community building or nonparticipating party or 50 feet from a public road; solar panels couldn't exceed 25 feet and could not generate more than 55 average hourly decibels; and wind turbines could be located no closer than about twice the height of a maximum blade tip height to an occupied community building or nonparticipating party.
The legislation also would require the provider to enter into a project labor agreement with a local union, local community or environmental group regarding job specifications, terms of employment and hiring strategies. Project labor agreements largely are seen as a win for unions, whose pay and benefit structure usually are locked in through the agreement.
Staff writer Craig Mauger contributed.
Related Knowledge Center: ENERGY BASICS: electricity
Electricity is a secondary energy source: it is generated through the conversion of primary energy sources such as natural gas, coal, solar, hydropower, and wind. Electricity’s versatility is not cost-free: a substantial amount of energy is lost in its generation and the cost of storage is high, compared with fuels such as coal, oil and natural gas. The economics of battery technology hold the key to expanded use of renewable sources to generate electricity.