Public Act 233

Michigan Public Act 233 (PA 233) of 2023 is a state law that created a centralized siting process for large-scale renewable energy and energy storage projects, transferring significant authority from local governments to the Michigan Public Service Commission (MPSC) to streamline approvals, while also setting standards for projects and providing financial benefits (like per-megawatt payments) to host communities. It preempts local zoning rules (like setbacks) for these big projects, but requires MPSC review for environmental impacts and landowner consent, ensuring projects benefit the state's clean energy goals while addressing local concerns. [1, 2, 3, 4]

 

Key Provisions:

• State-Level Approval: Creates a voluntary siting certificate process through the MPSC for utility-scale projects, overriding restrictive local ordinances.

• Local Control Limits: Prevents local units from enacting rules (like maximum acreage or setback requirements) that are stricter than state standards for compatible renewable energy ordinances (CREOs).

• Landowner Rights: Does not grant eminent domain or force landowners to participate; individual consent is still required.

• Community Benefits: Mandates host community agreements, with developers paying affected units $2,000 per megawatt (MW) for infrastructure/public safety, or funds go to community groups if refused.

• Environmental Standards: Requires MPSC to ensure projects avoid/minimize impacts on wetlands, habitats, farmland, and meet pollinator standards. [1, 2, 3, 4, 5]

Purpose:

• To accelerate Michigan's transition to clean energy by removing local barriers to large renewable projects.

• To provide clear, consistent siting rules for developers. [2, 6, 7]

Status:

• Signed November 28, 2023; became effective November 29, 2024.

• Implementation is ongoing, with ongoing legal challenges and public input sessions. [2, 5, 8, 9]

 

This page was AI-generated, and responses may include mistakes.

[1] https://www.mikameyers.com/governor-signs-legislation-which-preempts-local-authority-to-regulate-utility-scale-wind-and-solar-facilities/

[2] https://www.michigan.gov/mpsc/commission/workgroups/2023-energy-legislation

[3] https://www.michigan.gov/mpsc/commission/workgroups/2023-energy-legislation/renewable-energy-and-energy-storage-facility-siting

[4] https://michigantownships.org/wp-content/uploads//Renewables-cover-story.pdf

[5] https://wwmt.com/news/state/renewable-energy-siting-authority-state-commission-local-property-land-owners-concern-clean-act-public-233-government-environmental-michigan-egle

[6] https://www.michigan.gov/mpsc/regulatory/facility-siting/renewable-energy-and-storage-facility-siting

[7] https://insideclimatenews.org/news/09042025/michigan-law-counters-local-opposition-to-renewable-energy/

[8] https://www.legislature.mi.gov/documents/2023-2024/publicact/archive/2023-PA-0233.htm

[9] https://blogs.law.columbia.edu/climatechange/2025/04/11/michigan-court-of-appeals-considers-challenge-to-new-process-for-siting-renewables/