2023 House Bill 5121 / Public Act 234

Land use: zoning and growth management; large scale solar, wind, and energy storage facilities; make zoning enabling act subject to.

An act to amend 2006 PA 110, entitled “An act to codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 205 (MCL 125.3205), as amended by 2018 PA 366.

Mackinac Center Analysis

Remove local zoning for large scale wind, solar and energy storage projects. They will be reviewed and approved by the MPSC, not local zoning boards.

Introduced in the House

Oct. 10, 2023

Introduced by Rep. Ranjeev Puri (D-24) and 16 co-sponsors

Co-sponsored by Reps. Abraham Aiyash (D-9), Brenda Carter (D-53), Kara Hope (D-74), Laurie Pohutsky (D-17), Carrie Rheingans (D-47), Amos O’Neal (D-94), Erin Byrnes (D-15), Lori Stone (D-13), Sharon MacDonell (D-56), Penelope Tsernoglou (D-75), Christine Morse (D-40), Kelly Breen (D-21), Jasper Martus (D-69), Joey Andrews (D-38), Samantha Steckloff (D-19) and Jimmie Wilson (D-32)

Referred to the Committee on Energy, Communications, and Technology

Oct. 18, 2023

Reported without amendment

Nov. 2, 2023

Amendment offered by Rep. Ranjeev Puri (D-24)

1. Amend page 3, following line 21, by inserting:

“(7) A renewable energy project that received special land use approval under section 502 on or after January 1, 2021 must be treated as a prior nonconforming use and a previously granted special land use approval must not be revoked or modified if substantial construction has occurred or if an expenditure equal to 10% of the project construction costs or $10,000.00, whichever is greater, has been made.” and renumbering the remaining subsection.

The amendment passed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Nov. 7, 2023

Referred to the Committee on Energy and Environment

Reported without amendment

Nov. 8, 2023

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

Nov. 8, 2023

Substitute S-1 concurred in 56 to 53 (details)

Signed by Gov. Gretchen Whitmer

Nov. 29, 2023