2023 Senate Bill 277 / Public Act 230

Land use: farmland and open space; continued PA 116 enrollment; allow for farmland during deferment period of use for commercial solar facilities.

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 36101 and 36104a (MCL 324.36101 and 324.36104a), section 36101 as amended by 2016 PA 265 and section 36104a as added by 1996 PA 233, and by adding sections 36104c and 36104e.

Mackinac Center Analysis

Allows areas protected as farmland with special tax incentives to defer tax preferences in favor of being developed as industrial solar facilities for as long as 90 years.

Introduced in the Senate

April 19, 2023

Introduced by Sen. Kristen McDonald Rivet (D-35) and 14 co-sponsors

Co-sponsored by Sens. Sam Singh (D-28), Mallory McMorrow (D-8), Mary Cavanagh (D-6), Jeff Irwin (D-15), Sue Shink (D-14), Sylvia Santana (D-2), Stephanie Chang (D-3), Darrin Camilleri (D-4), Kevin Hertel (D-12), Erika Geiss (D-1), Jeremy Moss (D-7), Rosemary Bayer (D-13), Winnie Brinks (D-29) and Sarah Anthony (D-21)

Referred to the Committee on Energy and Environment

Sept. 14, 2023

Reported without amendment

Sept. 19, 2023

Referred to the Committee of the Whole

Reported without amendment

Sept. 26, 2023

Amendment offered by Sen. Jonathan Lindsey (R-17)

1. Amend page 10, line 17, after “provider” by striking out “may” and inserting “shall”.

2. Amend page 10, line 19, after “(h),” by striking out “or (i).” and inserting “and (i) and, at the end of the deferment period, for removing the solar panels and appurtenant structures and restoring the land for agricultural use.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Ed McBroom (R-38)

1. Amend page 10, line 29, after “period,” by striking out the balance of the line through line 2 of page 11 and inserting “the amount of tax credits for a number of years preceding the recording of the amended development rights agreement equal to half the number of years of the original deferment period is payable to this state. The tax credits”.

The amendment failed 18 to 20 (details)

Passed in the Senate 23 to 14 (details)

Received in the House

Sept. 26, 2023

Referred to the Committee on Energy, Communications, and Technology

Oct. 25, 2023

Reported without amendment

Nov. 3, 2023

Amendment offered by Rep. Will Snyder (D-87)

1. Amend page 9, line 25, after “Habitat” by striking out “Planting” and inserting “Planning”.

2. Amend page 9, line 27, after “Entomology” by striking out the balance of the line through “maintained” on line 29 and inserting “or is designed, planted, and maintained” and relettering the remaining subdivisions.

3. Amend page 10, line 19, by striking out “(h), or (i).” and inserting “or (h).”.

The amendment passed by voice vote

Passed in the House 56 to 51 (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

Nov. 8, 2023

Amendment concurred in 22 to 14 (details)

Signed by Gov. Gretchen Whitmer

Nov. 29, 2023