2023 Senate Bill 303 / Public Act 107

Energy: alternative sources; property assessed clean energy program; include environmental hazard and new construction projects and agricultural and multifamily property.

An act to amend 2010 PA 270, entitled “An act to authorize local units of government to adopt property assessed clean energy programs and to create districts to promote the use of renewable energy systems and energy efficiency improvements by owners of certain real property; to provide for the financing of such programs through voluntary property assessments, commercial lending, and other means; to authorize a local unit of government to issue bonds, notes, and other evidences of indebtedness and to pay the cost of renewable energy systems and energy efficiency improvements from the proceeds thereof; to provide for the repayment of bonds, notes, and other evidences of indebtedness; to authorize certain fees; to prescribe the powers and duties of certain governmental officers and entities; and to provide for remedies,” by amending the title and sections 3, 5, 7, 11, 13, 15, and 17 (MCL 460.933, 460.935, 460.937, 460.941, 460.943, 460.945, and 460.947), section 3 as amended by 2017 PA 242.

House Fiscal Agency Analysis

Senate Bills 302 and 303 would amend the Property Assessed Clean Energy (PACE) Act, which enables local units of government to facilitate long-term financing for the owners of commercial or industrial property for projects related to renewable energy, energy efficiency, or water efficiency. Among other things, the bills would do the following: • Expand the scope of the act to include agricultural property. • Allow environmental hazard projects to be financed under a PACE program. • Allow a property owner to waive a guarantee that the amount of savings from a project will exceed the amount of the investment. • Define a project category called new construction energy projects, which would be exempted from the requirement that savings exceed investment. These energy projects would have to exceed applicable requirements of the Michigan Uniform Energy Code.

Introduced in the Senate

April 27, 2023

Introduced by Sen. Kristen McDonald Rivet (D-35) and 10 co-sponsors

Co-sponsored by Sens. Sam Singh (D-28), Darrin Camilleri (D-4), Dayna Polehanki (D-5), Mary Cavanagh (D-6), Stephanie Chang (D-3), Paul Wojno (D-10), Jeff Irwin (D-15), Sylvia Santana (D-2), Sue Shink (D-14) and Sean McCann (D-19)

Referred to the Committee on Energy and Environment

May 24, 2023

Reported without amendment

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Passed in the Senate 24 to 14 (details)

Received in the House

May 24, 2023

Referred to the Committee on Energy, Communications, and Technology

June 21, 2023

Reported without amendment

June 27, 2023

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

Signed by Gov. Gretchen Whitmer

July 27, 2023