Michigan’s controversial wind, solar energy law is in effect. What to know

• A law that allows the state to approve large wind and solar farms over local objections is now in effect
• As local pushback stalls or cancels renewable projects, the law aims to speed approvals
• But local governments are suing, contending implementation of the law violates their rights

A controversial law that allows the state to approve large wind and solar farms over local objections is now in effect.

The law, Public Act 233, went into effect Friday, Nov. 29, and was among the more contentious aspects of a suite of reforms enacted last year to speed Michigan’s clean energy transition. 

Concerned about fierce local opposition that is slowing efforts to replace fossil fuel power with green energy, the Legislature passed bills along party lines that curtail local officials’ authority to reject renewable energy projects in their community.

State energy regulators have spent the past year setting up a system for approving large-scale wind, solar and battery storage projects. 

But the law faces a court challenge and other headwinds.

Here’s what to know: 

What the law does

The new law spells out uniform statewide standards, such as how much noise they can emit and their proximity to homes.

It applies to solar projects of at least 50 megawatts (about 350 acres) and wind farms of at least 100 megawatts (about 35 turbines.)

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The law sets up a mechanism that allows developers to appeal to state regulators within the Michigan Public Service Commission if local governments deny projects that meet state standards.

Proponents of the change include environmental and labor groups and some farmers. They argue the law helps prevent a vocal minority from stalling Michigan’s energy transition and violating property owners’ rights to put wind turbines or solar panels on their land.

Opponents include the Michigan Townships Association and Michigan Farm Bureau. They contend the law deprives local communities of the right to make their own land use decisions. 

Why it matters

Fossil fuel plants that power the world’s electrical grid today are emitting heat-trapping greenhouse gases, which is destabilizing the earth’s climate. 

According to climate scientists, humanity has mere years to stop emitting greenhouse gases or face increasingly dire consequences. 

Michigan legislators last year passed a law requiring state utilities to get 100% of their power from clean sources by 2040.

To achieve that goal, Michigan may need to dedicate 209,000 more acres of land to wind and solar development. 

But local opposition is stalling wind and solar projects across the state. Neighbors who oppose solar or wind farms raise concerns about lost farmland, sullied views and environmental or nuisance concerns. 

Supporters of the projects say society will face far bigger problems without an energy transition.

The upshot of law

The law requires renewable energy developers to seek approval from local governments, which would have 120 days to consider applications if they have an ordinance.

But if local governments lack an ordinance — or if they have one that doesn’t comply with state standards — developers can seek approval from the state.

In reality, even though hundreds of communities have drafted renewable energy sources, few comply with the new statewide standards, said Sarah Mills, a University of Michigan researcher who directs the Center for EmPowering Communities at the Graham Sustainability Institute.

“In almost every situation, in almost every place in Michigan, developers can go around the local government,” Mills said.

And that, among other reasons, is fueling opposition from local governments.

Local backlash

This month, more than 70 townships and several counties appealed to the Michigan Court of Appeals, contending the state’s interpretation of the law “attempts to vastly expand” state jurisdiction over renewable energy permitting.

Among other things, the plaintiffs object to state regulations that prohibit local governments from writing ordinances that cover topics not included in the statewide siting standards.

The local governments contend where the law is silent on a topic — say, whether local governments can limit the facilities to specific zoning districts  — they should be allowed to impose “additional reasonable regulations.” 

“When this bill was being debated, legislators were telling our clients that they were going to retain local control,” said Michael Homier, an attorney representing the plaintiffs. 

“So to now have this unelected and unaccountable agency trying to redefine what (the law) means is, frankly, a lot of our clients find it offensive.”

Michigan Public Service Commission spokesperson Matt Helms said the agency plans to implement the law as planned while the court considers the case.

Earlier this year, the group Citizens for Local Choice attempted a ballot proposal that would allow voters to decide whether to rescind the law.

The group didn’t collect enough signatures to bring the issue to a vote,  but  may try again next spring.