MML March/April 2024 Review Magazine

What’s Known about Michigan’s New Renewable Energy Siting Policies

–By Dr. Sarah Mills and Madeleine Krol

CREO = compatible renewable energy ordinance MSPC = Michigan Public Service Commission

What does Public Act 233 of 2023 do? • The Act creates an option for developers to go directly to the Michigan Public Service Commission (MPSC) to construct a utility-scale renewable energy facility if each affected local unit of government does not have a compatible renewable energy ordinance (CREO). In communities where the local units of government have adopted a CREO, the developer must first have its project reviewed at the local level. If the project is denied by any of the local units of government, then the developer may submit the application to the MPSC. • The law will take effect November 29, 2024, and it applies to wind, solar, and energy storage projects above the size thresholds listed in the Act: 50 MW or more for solar, 100 MW or more for wind, and 50 MW and 200 MWh for energy storage. Any energy facility below these thresholds is subject to normal zoning.

Public Act 233 of 2023, signed by Governor Whitmer on November 28, 2023, makes significant changes to the permitting process for utility-scale renewable energy facilities, including solar, wind, and energy storage. In collaboration with colleagues at the Michigan Association of Planning, Michigan Townships Association, MSU Extension, and Michigan Municipal League, we have created an online FAQ document of our best understanding of how this law will operate. Following is an excerpt of what is available online (Read the full article through the QR code) .

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| March/April 2024