2023 House Bill 5122

Land use: zoning and growth management; solar and storage facilities of 50 or more MW but less than 100 MW; authorize MPSC certification for zoning exemptions.

A bill to amend 2008 PA 295, entitled “Clean and renewable energy and energy waste reduction act,” (MCL 460.1001 to 460.1211) by amending the title and by adding part 8.

Official record

House Fiscal Agency Analysis

House Bill 5122 would add a Part 8 to the Clean and Renewable Energy and Energy Waste Reduction Act to create a certification process, through the Michigan Public Service Commission (MPSC), of solar energy facilities and energy storage facilities with a capacity of at least 50 but less than 100 megawatts. The process would preempt local zoning or regulation of such facilities. House Bill 5123 would amend the Michigan Zoning Enabling Act to provide that zoning ordinances are subject to Part 8 of the Clean and Renewable Energy and Energy Waste Reduction Act.

Introduced in the House

Oct. 10, 2023

Introduced by Rep. Phil Skaggs (D-80) and 17 co-sponsors

Co-sponsored by Reps. Abraham Aiyash (D-9), Ranjeev Puri (D-24), Brenda Carter (D-53), Laurie Pohutsky (D-17), Carrie Rheingans (D-47), Kara Hope (D-74), 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. Bradley Slagh (R-85)

1. Amend page 3, line 9, after “parcels.” by inserting “An energy facility shall not be located within a state forest.”.

The amendment failed by voice vote

Amendment offered by Rep. Pauline Wendzel (R-39)

1. Amend page 16, line 26, after “facility.” by inserting “This subsection does not apply to a limitation or requirement if, after the issuance of the certificate, the legislative body of the local unit of government adopts a resolution approving the application of the limitation or requirement to the energy facility that is the subject of the certificate.”.

The amendment failed by voice vote

Amendment offered by Rep. Pat Outman (R-91)

1. Amend page 11, line 27, by striking out all of subdivision (e) and relettering the remaining subdivision.

2. Amend page 12, line 4, by striking out “(6)(g)” and inserting “(6)(e)”.

The amendment failed by voice vote

Amendment offered by Rep. Pat Outman (R-91)

1. Amend page 11, line 23, by striking out all of subdivision (d) and relettering the remaining subdivisions.

2. Amend page 12, line 4, by striking out “(6)(g)” and inserting “(6)(e)”.

The amendment failed by voice vote

Amendment offered by Rep. David Prestin (R-108)

1. Amend page 13, line 23, after “Sec. 227.” by inserting “(1)”.

2. Amend page 14, following line 20, by inserting:

“(2) The applicant for a certificate must enter an agreement with the commission and each affected local unit on the size and location of the energy project within that affected local unit.”.

The amendment failed by voice vote

Amendment offered by Rep. John Roth (R-104)

1. Amend page 3, line 9, after “parcels.” by inserting “An energy facility shall not be located within 1 mile of a natural river, as defined in section 30501 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30501.”.

The amendment failed by voice vote