Public Act 233 in plain English

“Affected local unit” means a unit of local government in which all or part of a proposed energy facility will be located.

“Local unit of government” or “local unit” means a county, township, city, or village.

Before beginning construction of an energy facility, an electric provider or independent power producer may, pursuant to this part, obtain a certificate for that energy facility from the commission.

Like the parties, we use “developer” to refer to an electric provider or independent power producer.

“MPSC” or “Commission” means the Michigan Public Service Commission, the state regulatory body in Michigan charged with serving the public by ensuring safe, reliable, accessible energy and telecommunications at reasonable rates.

“Certificate” means a certificate issued for an energy facility under section 226(5).

Act No. 233 Public Acts of 2023

ENROLLED HOUSE BILL No. 5120

Approved by the Governor November 28, 2023

EFFECTIVE DATE: November 29, 2024

AN ACT to amend 2008 PA 295,

by amending the title and section 13 (MCL 460.1013), as amended by 2016 PA 342, and by adding part 8.

PART 8. WIND, SOLAR, AND STORAGE CERTIFICATION

Sec. 221. As used in this part:

Sec. 232. Section 5 of 1846 RS 1, MCL 8.5, applies to the amendatory act that added this section.

MCL 460.1221, et seq. (effective November 29, 2024).

This part applies to all of the following:

Any solar energy facility with a nameplate capacity of 50 megawatts or more.

Any wind energy facility with a nameplate capacity of 100 megawatts or more.

Any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more.

“Nameplate capacity” means the designed full-load sustained generating output of an energy facility. Nameplate capacity shall be determined by reference to the sustained output of an energy facility even if components of the energy facility are located on different parcels, whether contiguous or noncontiguous.

Nameplate capacities, measured in alternating current (AC), meet the following criteria:

“Energy facility” means an energy storage facility, solar energy facility, or wind energy facility. An energy facility may be located on more than 1 parcel of property, including noncontiguous parcels, but shares a single point of interconnection to the grid.

“Solar energy facility” means a system that captures and converts solar energy into electricity, for the purpose of sale or for use in locations other than solely the solar energy facility property. Solar energy facility includes, but is not limited to, the following equipment and facilities to be constructed by an electric provider or independent power producer: photovoltaic solar panels; solar inverters; access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; energy storage facilities; overhead and underground control; communications and radio relay systems and telecommunications equipment; utility lines and installations; generation tie lines; solar monitoring stations; and accessory equipment and structures.

“Energy storage facility” means a system that absorbs, stores, and discharges electricity. Energy storage facility does not include either of the following: (i) Fossil fuel storage. (ii) Power-to-gas storage that directly uses fossil fuel inputs.

although PA 233 itself does not use the term “hybrid energy facilities,” the PSC’s analysis was based on the statutory language, i.e., the PSC merely gave a name to a concept implicit in the statutory text.

Solar facilities, including hybrid or co-located facilities comprised of solar and storage facilities, having a nameplate capacity of 50 megawatts (MW) or more.

Wind facilities, including hybrid or co-located facilities comprised of wind with solar and/or storage having a nameplate capacity of 100 MW or more.

the PSC’s application filing instructions indicate that the 100-megawatt capacity threshold applies to any facility that includes wind technology and that the 50-megawatt capacity threshold applies to a facility that does not include wind technology.

appellants fail to establish that the PSC erred with respect to the recognition of hybrid facilities.

If an energy facility that would otherwise be subject to subsection (2) is located entirely within a city or village, the city or village is exempt from this part as it relates to the energy facility if the city or village is the owner of participating property, is a developer of the facility, or owns an electric utility that will take service from the energy facility.

Before beginning construction of an energy facility, an electric provider or independent power producer may, pursuant to this part, obtain a certificate for that energy facility from the commission.

The parties agree that the statute does not require a developer to seek certification from the PSC in order to site an energy facility. Rather, a developer may instead choose to seek zoning approval from a local unit of government.

A local unit of government exercising zoning jurisdiction may request the commission to require an electric provider or independent power producer that proposes to construct an energy facility in that local unit to obtain a certificate for that energy facility from the commission.

To obtain a certificate for an energy facility, an electric provider or IPP must comply with the requirements of sections 223 and 224, and then submit to the commission an application as described in section 225.

At least 60 days before a public meeting held under subsection (1), the electric provider or IPP planning to construct an energy facility shall offer in writing to meet with the chief elected official of each affected local unit, or the chief elected official’s designee, to discuss the site plan.

“Chief elected official” means a local government official including mayors, village presidents, township supervisors, and board chairs.

If, within 30 days following a meeting described in subsection (2), the chief elected official of each affected local unit notifies the electric provider or IPP planning to construct the energy facility that the affected local unit has a compatible renewable energy ordinance, then the electric provider or IPP shall file for approval with each affected local unit, subject to all of the following:

An application submitted under this subsection shall comply with the requirements of section 225(1), except for section 225(1)(j) and (s). An affected local unit may require other information necessary to determine compliance with the compatible renewable energy ordinance.

(j) A summary of the community outreach and education efforts undertaken by the electric provider or independent power producer, including a description of the public meetings and meetings with elected officials under section 223.

(s) Other information reasonably required by the commission.

A local unit of government with which an application is filed under this subsection shall approve or deny the application within 120 days after receiving the application.

The applicant and local unit of government may jointly agree to extend this deadline by up to 120 days.

If a local unit of government approves an application pursuant to subsection (3), construction of the proposed energy facility must begin within 5 years after the date the permit is granted and any challenges to the grant of the permit are concluded.

The local unit of government may extend this timeline at the request of the electric provider or IPP without requiring a new application.

The local unit shall not revoke a permit issued under subsection (3) except for material noncompliance with the permit by the electric provider or IPP.

Pertinent to determining whether the PSC has authority to approve such facilities is whether a local unit of government lacks a “compatible renewable energy ordinance” (CREO)

If a project is being sited in an area that crosses jurisdictional boundaries and one of the ALUs does not notify the applicant that it has a CREO or after attempts to site the project in one or more ALUs have failed, the applicant may file for a certificate pursuant to PA 233.

When a local ordinance does not meet the definition of CREO, the applicant may still choose to follow the ALU siting process if the ALU process allows the facilities to be sited. If an applicant chooses to follow an ALU’s siting process, including a special land use approval process, a siting certificate from the MPSC is not required.

The electric provider or IPP may submit its application to the commission if any of the following apply: (i) An affected local unit fails to timely approve or deny an application.

(ii) The application complies with the requirements of section 226(8), but an affected local unit denies the application.

(iii) An affected local unit amends its zoning ordinance after the chief elected official notifies the electric provider or IPP that it has a compatible renewable energy ordinance, and the amendment imposes additional requirements on the development of energy facilities that are more restrictive than those in section 226(8).

An electric provider or IPP that submits an application to the commission pursuant to this subsection is not required to comply with subsection (1) or section 226(1), or the requirement to submit a summary of community outreach and education efforts pursuant to section 225(1)(j).

If the commission approves an applicant for a certificate submitted under subsection (3)(c), the local unit of government is considered to no longer have a compatible renewable energy ordinance, unless the commission finds that the local unit of government’s denial of the application was reasonably related to the applicant’s failure to provide information required by subsection (3)(a).

Nothing in this section shall be construed to limit remedies available to an applicant to appeal a denial by a local unit of government under any other law of this State.

Resolving disputes between applicants and ALUs regarding CREOs is not within the Commission’s jurisdiction. Should an applicant apply for siting approval at the MPSC while it is in dispute with the ALU regarding whether its ordinance is a CREO, the ALU, the Staff, or another intervenor, may file a motion to dismiss or stay, which will be adjudicated by the administrative law judge pursuant to the Commission's rules of practice and procedure.

Application Filing Instructions and Procedures October 10, 2024

“Compatible renewable energy ordinance” means an ordinance that provides for the development of energy facilities within the local unit of government, the requirements of which are no more restrictive than the provisions included in section 226(8). A local unit of government is considered not to have a compatible renewable energy ordinance if it has a moratorium on the development of energy facilities in effect within its jurisdiction.

An energy facility meets the requirements of subsection (7)(g) if it will comply with the following standards, as applicable:

(g) The proposed energy facility does not present an unreasonable threat to public health or safety.

The following minimum setback requirements, with setback distances measured from the nearest edge of the perimeter fencing of the facility:

Occupied community buildings and dwellings on nonparticipating properties 300 feet from the nearest point on the outer wall

Public road right-of-way 50 feet measured from the nearest edge of a public road right-of-way

Nonparticipating parties 50 feet measured from the nearest shared property line

(ii) Fencing for the solar energy facility complies with the latest version of the National Electric Code as of the effective date of the amendatory act that added this section or any applicable successor standard approved by the commission as reasonable and consistent with the purposes of this subsection.

(iii) Solar panel components do not exceed a maximum height of 25 feet above ground when the arrays are at full tilt.

(iv) The solar energy facility does not generate a maximum sound in excess of 55 average hourly decibels as modeled at the nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.

(v) The solar energy facility will implement dark sky-friendly lighting solutions.

“Dark sky-friendly lighting technology” means a light fixture that is designed to minimize the amount of light that escapes upward into the sky.

(vi) The solar energy facility will comply with any more stringent requirements adopted by the commission. Before adopting such requirements, the commission must determine that the requirements are necessary for compliance with state or federal environmental regulations.

The following minimum setback distances, measured from the center of the base of the wind tower:

Occupied community buildings and residences on nonparticipating properties 2.1 times the maximum blade tip height to the nearest point on the outside wall of the structure

Residences and other structures on participating properties 1.1 times the maximum blade tip height to the nearest point on the outside wall of the structure

Nonparticipating property lines 1.1 times the maximum blade tip height

Public road right-of-way 1.1 times the maximum blade tip height to the center line of the public road right-of-way

Overhead communication and electric transmission, not including utility service lines to individual houses or outbuildings 1.1 times the maximum blade tip height to the center line of the easement containing the overhead line

(ii) Each wind tower is sited such that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions as indicated by industry standard computer modeling.

(iii) Each wind tower blade tip does not exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.

(iv) The wind energy facility does not generate a maximum sound in excess of 55 average hourly decibels as modeled at the nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.

(v) The wind energy facility is equipped with a functioning light-mitigating technology. To allow proper conspicuity of a wind turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented. The commission may grant a temporary exemption from the requirements of this subparagraph if installation of appropriate light-mitigating technology is not feasible.

“Light-mitigating technology system” means an aircraft detection lighting system, a light intensity dimming solution technology, or a comparable solution that reduces the impact of nighttime lighting while maintaining night conspicuity sufficient to assist aircraft in identifying and avoiding collision with the wind energy facilities.

(vi) The wind energy facility meets any standards concerning radar interference, lighting, subject to subparagraph (v), or other relevant issues as determined by the commission.

(vii) The wind energy facility will comply with any more stringent requirements adopted by the commission. Before adopting such requirements, the commission must determine that the requirements are necessary for compliance with state or federal environmental regulations.

“Maximum blade tip height” means the nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer.

(i) The following minimum setback requirements, with setback distances measured from the nearest edge of the perimeter fencing of the facility:

Occupied community buildings and dwellings on nonparticipating properties 300 feet from the nearest point on the outer wall

Public road right-of-way 50 feet measured from the nearest edge of a public road right-of-way

Nonparticipating parties 50 feet measured from the nearest shared property line

(ii) The energy storage facility complies with the version of NFPA 855 “Standard for the Installation of Stationary Energy Storage Systems” in effect on the effective date of the amendatory act that added this section or any applicable successor standard adopted by the commission as reasonable and consistent with the purposes of this subdivision.

(iii) The energy storage facility does not generate a maximum sound in excess of 55 average hourly decibels as modeled at the nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.

(iv) The energy storage facility will implement dark sky-friendly lighting solutions.

“Dark sky-friendly lighting technology” means a light fixture that is designed to minimize the amount of light that escapes upward into the sky.

(v) The energy storage facility will comply with any more stringent requirements adopted by the commission. Before adopting such requirements, the commission must determine that the requirements are necessary for compliance with state or federal environmental regulations.

“Participating property” means real property that either is owned by an applicant or that is the subject of an agreement that provides for the payment by an applicant to a landowner of monetary compensation related to an energy facility regardless of whether any part of that energy facility is constructed on the property.

“Nonparticipating property” means a property that is adjacent to an energy facility and that is not a participating property.

“Occupied community building” means a school, place of worship, day-care facility, public library, community center, or other similar building that the applicant knows or reasonably should know is used on a regular basis as a gathering place for community members.

(r) A decommissioning plan that is consistent with agreements reached between the applicant and other landowners of participating properties and that ensures the return of all participating properties to a useful condition similar to that which existed before construction, including removal of above-surface facilities and infrastructure that have no ongoing purpose.

The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash.

that a CREO may only contain the setback, fencing, height, sound, and other applicable requirements expressly outlined in Section 226(8) of Act 233 and may not contain additional requirements more restrictive than those specifically identified in that section.

supports the conclusion that a CREO may not contain additional requirements more restrictive than those identified in that statutory provision, including by adding categories of requirements not found in MCL 460.1226(8).

At least 60 days before a public meeting held under subsection (1), the electric provider or IPP planning to construct an energy facility shall offer in writing to meet with the chief elected official of each affected local unit, or the chief elected official’s designee, to discuss the site plan.

If, within 30 days following a meeting described in subsection (2), the chief elected official of each affected local unit notifies the electric provider or IPP planning to construct the energy facility that the affected local unit has a compatible renewable energy ordinance, then the electric provider or IPP shall file for approval with each affected local unit, subject to all of the following:

At least 30 days before a meeting, the electric provider or IPP shall notify the clerk of the affected local unit in which a public meeting will be held of the time, date, location, and purpose of the meeting and provide a copy of the site plan as described in section 224 or the address of an internet site where a site plan for the energy facility is available for review.

At least 14 days before the meeting, the electric provider or IPP shall publish notice of the meeting in a newspaper of general circulation in the affected local unit or in a comparable digital alternative. The notice shall include a copy of the site plan or the address of an internet site where the site plan is available for review.

A local unit of government with which an application is filed under this subsection shall approve or deny the application within 120 days after receiving the application.

The applicant and local unit of government may jointly agree to extend this deadline by up to 120 days.

If a local unit of government approves an application pursuant to subsection (3), construction of the proposed energy facility must begin within 5 years after the date the permit is granted and any challenges to the grant of the permit are concluded.

The local unit of government may extend this timeline at the request of the electric provider or IPP without requiring a new application.

Upon filing an application with the commission, the applicant shall make a 1-time grant to each affected local unit for an amount determined by the commission but not more than $75,000.00 per affected local unit and not more than $150,000.00 in total.

Upon filing an application with the commission, the applicant shall provide notice of the opportunity to comment on the application in a form and manner prescribed by the commission. The notice shall be published in a newspaper of general circulation in each affected local unit or a comparable digital alternative.

Within 60 days after receipt of an application, the commission shall determine whether the application is complete.

If the commission determines that the application is incomplete, the commission shall advise the applicant in writing of the information necessary to make the application complete. If the commission fails to timely notify the applicant that an application is incomplete, the application is considered to be complete.

The commission shall grant the application and issue a certificate or deny the application not later than 1 year after a complete application is filed.

If construction of an energy facility is not commenced within 5 years after the date that a certificate is issued, the certificate is invalid, but the electric provider or IPP may seek a new certificate for the proposed energy facility.

If the certificate is appealed in proceedings before the commission or to a court of competent jurisdiction, the running of the 5-year period is tolled from the date of filing the appeal until 60 days after issuance of a final nonappealable decision. The commission may extend the 5-year period at the request of the applicant and upon a showing of good cause without requiring a new contested case proceeding.

Before commencing commercial operations, an applicant shall file a completion report certifying compliance with the requirements of this act and any conditions contained in the commission’s certificate.

The host community agreement shall require that, upon commencement of any operation, the energy facility owner must pay the affected local unit $2,000.00 per megawatt of nameplate capacity located within the affected local unit.

However, the financial assurance may be posted in increments as follows: (i) At least 25% by the start of full commercial operation. (ii) At least 50% by the start of the fifth year of commercial operation. (iii) 100% by the start of the tenth year of commercial operation.

of an ALU has an affirmative obligation to notify [a developer] of the existence of a CREO, and if that [chief elected official] fails to notify the [developer] of the existence of a CREO within 30 days following receipt of an offer to meet, the [developer] may proceed as if an ALU does not have a CREO.

But under MCL 460.1223(3), the 30-day timeline begins not with the receipt of the offer to meet but with the actual meeting between the developer and the chief elected official or the official’s designee.

The commission shall conduct a proceeding on the application for a certificate as a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

In evaluating the application, the commission shall consider the feasible alternative developed locations described under section 225(1)(n), if applicable, and the impact of the proposed facility on local land use, including the percentage of land within the local unit of government dedicated to energy generation. The commission may condition its grant of the application on the applicant taking additional reasonable action related to the impacts of the proposed energy facility, including, but not limited to, the following:

(n) If the proposed site of the energy facility is undeveloped land, a description of feasible alternative developed locations, including, but not limited to, vacant industrial property and brownfields, and an explanation of why they were not chosen.

The commission may assess reasonable application fees to the applicant to cover the commission’s administrative costs in processing the application, including costs for consultants to assist the commission in evaluating issues raised by the application.

In administering this part, the commission has only those powers and duties granted to the commission under this part.

The commission shall grant the application and issue a certificate if it determines all of the following:

(a) The public benefits of the proposed energy facility justify its construction. For the purposes of this subdivision, public benefits include, but are not limited to, expected tax revenue paid by the energy facility to local taxing districts, payments to owners of participating property, community benefits agreements, local job creation, and any contributions to meeting identified energy, capacity, reliability, or resource adequacy needs of this state.

(b) The energy facility complies with the standard in section 1705(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1705.

(c) The applicant has considered and addressed impacts to the environment and natural resources, including, but not limited to, sensitive habitats and waterways, wetlands and floodplains, wildlife corridors, parks, historic and cultural sites, and threatened or endangered species.

(d) The applicant has met the conditions established in section 227.

(e) All of the following apply: (i) The installation, construction, or construction maintenance of the energy facility will use apprenticeship programs registered and in good standing with the United States Department of Labor under the national apprenticeship act, 29 USC 50 to 50c. (ii) The workers employed for the construction or construction maintenance of the energy facility will be paid a minimum wage standard not less than the wage and fringe benefit rates prevailing in the locality in which the work is to be performed as determined under 2023 PA 10, MCL 408.1101 to 408.1126, or 40 USC 3141 to 3148, whichever provides the higher wage and fringe benefit rates. (iii) To the extent permitted by law, the entities performing the construction or construction maintenance work will enter into a project labor agreement or operate under a collective bargaining agreement for the work to be performed.

(f) The proposed energy facility will not unreasonably diminish farmland, including, but not limited to, prime farmland and, to the extent that evidence of such farmland is available in the evidentiary record, farmland dedicated to the cultivation of specialty crops.

(g) The proposed energy facility does not present an unreasonable threat to public health or safety.

An energy facility meets the requirements of subsection (7)(g) if it will comply with the following standards, as applicable:

In evaluating the application, the commission shall consider the feasible alternative developed locations described under section 225(1)(n), if applicable, and the impact of the proposed facility on local land use, including the percentage of land within the local unit of government dedicated to energy generation. The commission may condition its grant of the application on the applicant taking additional reasonable action related to the impacts of the proposed energy facility, including, but not limited to, the following:

(a) Establishing and maintaining for the life of the facility vegetative ground cover.

(b) Meeting or exceeding pollinator standards throughout the lifetime of the facility, as established by the “Michigan Pollinator Habitat Planning Scorecard for Solar Sites” developed by the Michigan State University Department of Entomology

(c) Providing for community improvements in the affected local unit.

(d) Making a good-faith effort to maintain and provide proper care of the property where the energy facility is proposed to be located during construction and operation of the facility.

The certificate shall identify the location of the energy facility and its nameplate capacity.

If a certificate is issued, the certificate and this part preempt a local policy, practice, regulation, rule, or other ordinance that prohibits, regulates, or imposes additional or more restrictive requirements than those specified in the commission’s certificate.

If a certificate is issued for an energy facility under this part, a zoning ordinance or limitation imposed after the electric provider or IPP submitted the application for the certificate to the commission shall not be construed to limit or impair the construction, operation, or maintenance of the energy facility.

If the commission has issued a certificate for an energy facility, the electric provider or IPP may make minor changes, as defined by the commission, to the site plan if the changes are within the footprint of the previously approved site plan.

This part shall control in any conflict between this part and any other law of this state. However, the electric transmission line certification act, 1995 PA 30, MCL 460.561 to 460.575, controls in any conflict with this part.

Commission approval of a certificate does not confer the power of eminent domain and is not a determination of public convenience and necessity for the purposes of the power of eminent domain or a condemnation action filed pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.

Except as provided in this section, this part does not exempt an electric provider or IPP to whom a certificate is issued from obtaining any other permit, license, or permission to engage in the construction or operation of an energy facility that is required by federal law, any other law of this state, including, but not limited to, the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, any rule promulgated under a law of this state, or a local ordinance.

Given the qualifying language at the beginning of MCL 460.1231(5), it is clear that MCL 460.1231(3) is controlling, and MCL 460.1231(3) preempts any local ordinance “that prohibits, regulates, or imposes additional or more restrictive requirements than those specified in the commission’s certificate.”

If construction of an energy facility is not commenced within 5 years after the date that a certificate is issued, the certificate is invalid, but the electric provider or IPP may seek a new certificate for the proposed energy facility.

If a certificate is not issued, all local policies, practices, regulations, rules, or ordinances relating to the siting of energy facilities, including, but not limited to, the local zoning authority’s power to grant variances, remain in full force and effect.

A local ordinance shall not prohibit or regulate testing activities undertaken by an electric provider or independent power producer for purposes of determining the suitability of a site for the placement of an energy facility.

A commission order relating to a certificate or other matter provided for under this part is subject to review in the same manner as provided in section 26 of 1909 PA 300, MCL 462.26.

The applicant for a certificate shall enter into a host community agreement with each affected local unit.

“Applicant” means an applicant for a certificate.

“Certificate” means a certificate issued for an energy facility under section 226(5).

The applicant for a certificate shall enter into a host community agreement with each affected local unit.

The host community agreement shall require that, upon commencement of any operation, the energy facility owner must pay the affected local unit $2,000.00 per megawatt of nameplate capacity located within the affected local unit.

The payment shall be used as determined by the affected local unit for police, fire, public safety, or other infrastructure, or for other projects as agreed to by the local unit and the applicant.

If an affected local unit refuses to enter into a host community agreement after good-faith negotiations with the applicant, the applicant may enter into a community benefits agreement with 1 or more community-based organizations within, or that serve residents of, the affected local unit.

The amount paid by the applicant under this subsection must be equal to, or greater than, what the applicant would pay to the affected local unit under subsection (1). Community benefits agreements shall prioritize benefits to the community in which the energy facility is to be located.

“Community-based organization” means a workforce development and training organization, labor union, local governmental entity, Michigan federally recognized tribe, environmental advocacy organization, or an organization that represents the interests of underserved communities.

A host community agreement or community benefits agreement is legally binding and inures to the benefit of the parties and their successors and assigns. The commission shall enforce this requirement, but not the actual agreements, which are enforceable in a court of competent jurisdiction.

Upon filing an application with the commission, the applicant shall make a 1-time grant to each affected local unit for an amount determined by the commission but not more than $75,000.00 per affected local unit and not more than $150,000.00 in total.

Each affected local unit shall deposit the grant in a local intervenor compensation fund to be used to cover costs associated with participation in the contested case proceeding on the application for a certificate.

The Commission has established the one-time grant of $150,000, whereby each ALU receives no more than $75,000. The applicant shall split the one-time grant amount equally among all ALUs,

Within 15 days following the pre-hearing, one-time grants to ALUs that have not intervened in the case shall be refunded to the applicant.

An electric provider or IPP that submits an application to the commission pursuant to this subsection is not required to comply with subsection (1) or section 226(1), or the requirement to submit a summary of community outreach and education efforts pursuant to section 225(1)(j).

An application for a certificate submitted to the commission under section 222(2) shall contain all of the following:

(r) A decommissioning plan that is consistent with agreements reached between the applicant and other landowners of participating properties and that ensures the return of all participating properties to a useful condition similar to that which existed before construction, including removal of above-surface facilities and infrastructure that have no ongoing purpose.

An application submitted under this subsection shall comply with the requirements of section 225(1), except for section 225(1)(j) and (s). An affected local unit may require other information necessary to determine compliance with the compatible renewable energy ordinance.

The decommissioning plan shall include, but is not limited to, financial assurance in the form of a bond, a parent company guarantee, or an irrevocable letter of credit, but excluding cash.

The amount of the financial assurance shall not be less than the estimated cost of decommissioning the energy facility, after deducting salvage value, as calculated by a third party with expertise in decommissioning, hired by the applicant.

However, the financial assurance may be posted in increments as follows: (i) At least 25% by the start of full commercial operation. (ii) At least 50% by the start of the fifth year of commercial operation. (iii) 100% by the start of the tenth year of commercial operation.

(p) A stormwater assessment and a plan to minimize, mitigate, and repair any drainage impacts at the expense of the electric provider or IPP. The applicant shall make reasonable efforts to consult with the county drain commissioner before submitting the application and shall include evidence of those efforts in its application.

(q) A fire response plan and an emergency response plan.

Before commencing commercial operations, an applicant shall file a completion report certifying compliance with the requirements of this act and any conditions contained in the commission’s certificate.

An electric provider or independent power producer that, at its option or as required by the commission, proposes to obtain a certificate for and construct an energy facility shall hold a public meeting in each affected local unit.

For the purposes of this subsection, a public meeting held in a township is considered to be held in each village located within the township.

At least 30 days before a meeting, the electric provider or IPP shall notify the clerk of the affected local unit in which a public meeting will be held of the time, date, location, and purpose of the meeting and provide a copy of the site plan as described in section 224 or the address of an internet site where a site plan for the energy facility is available for review.

At least 14 days before the meeting, the electric provider or IPP shall publish notice of the meeting in a newspaper of general circulation in the affected local unit or in a comparable digital alternative. The notice shall include a copy of the site plan or the address of an internet site where the site plan is available for review.

The applicant shall send the notice of the public meeting by U.S. mail to postal addressees within one mile of proposed solar or energy storage facilities, and within two miles of proposed wind energy facilities,

An electric provider or IPP that submits an application to the commission pursuant to this subsection is not required to comply with subsection (1) or section 226(1), or the requirement to submit a summary of community outreach and education efforts pursuant to section 225(1)(j).

Public meetings as outlined in PA 233 are not required when applicants are working to site facilities with ALUs, the applicant should follow the requirements of the ALU.

Upon filing an application with the commission, the applicant shall provide notice of the opportunity to comment on the application in a form and manner prescribed by the commission. The notice shall be published in a newspaper of general circulation in each affected local unit or a comparable digital alternative.

The notice shall be written in plain, nontechnical, and easily understood terms and shall contain a title that includes the name of the applicant and the words “NOTICE OF INTENT TO CONSTRUCT ______________ FACILITY”, with the words “WIND ENERGY”, “SOLAR ENERGY”, or “ENERGY STORAGE”, as applicable, entered in the blank space.

The applicant shall also send the notice of the opportunity to comment on the application by U.S. mail to postal addressees within one mile of proposed solar or proposed energy storage facilities, and within two miles of proposed wind energy facilities,

When it submits a site plan required under section 223 or 225 to the commission, an electric provider or independent power producer shall, for informational purposes, submit a copy to the clerk of each affected local unit.

An affected local unit, participating property owner, or nonparticipating property owner may intervene by right.

“Nonparticipating property” means a property that is adjacent to an energy facility and that is not a participating property.

a Notice of Hearing will be filed in the docket containing noticing requirements for the applicant, and information for how interested persons may petition to intervene, or otherwise participate in the prehearing.

Individual landowners seeking to participate in proceedings will continue to follow established processes for intervention, subject to MCL 460.1226(3), and public comment but are not eligible recipients for grant funding.

Through its broad definition the Legislature included local units of government with no zoning power as entities that are entitled to notice of public meetings, to provide comment on proposed facilities, and to intervene in contested cases involving a proposed facility that will be located within its boundary.

Except as otherwise provided in this part, information obtained by the commission under this part is a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

The commission shall issue orders necessary to protect the information in an application for a certificate, or in other documents required by the commission for the purposes of certification, if the commission reasonably finds the information to be confidential.

In re IMPLEMENTING PROVISIONS OF PUBLIC ACT 233 OF 2023.

No. 373259

Appellants, consisting of multiple townships and counties, appeal as of right an October 10, 2024 order of the Michigan Public Service Commission (PSC or Commission). The PSC’s order implemented provisions of 2023 PA 233, which prescribes the powers and duties of the PSC to provide certification for the construction of certain wind, solar, and energy storage facilities.

On appeal, appellants argue that the PSC exceeded its authority under PA 233 by redefining statutory terms, creating a new category of facilities, modifying statutory timelines, and implementing a rule in derogation of the law.

FOR PUBLICATION May 07, 2026

The May 7, 2026 opinion is hereby AMENDED to correct a clerical error: The opinion is modified on Page 12.

May 14, 2026

We hold that (1) the PSC incorrectly interpreted PA 233 with respect to a statutory timeline, (2) the PSC improperly expanded the statutory definition of an affected local unit (ALU), but did not otherwise err in its interpretations of PA 233, and (3) the rulemaking requirements within the Administrative Procedures Act of 1969 (APA), MCL 24.201 et seq., do not apply to the PSC’s order. We therefore affirm in part, and reverse in part, the PSC’s order.

that a CREO may only contain the setback, fencing, height, sound, and other applicable requirements expressly outlined in Section 226(8) of Act 233 and may not contain additional requirements more restrictive than those specifically identified in that section.

Though this is not an unreasonable reading of MCL 460.1221(f), it is not the correct one. The addition of requirements not contained in MCL 460.1226(8) would inherently be more restrictive, and the Legislature has commanded that a CREO not be more restrictive.

The PSC properly interpreted the term CREO in accordance with the statutory definition and the statute as a whole.

appellants fail to establish that the PSC erred with respect to the recognition of hybrid facilities.

Through this order the PSC did not establish a regulation or policy having the force and effect of law. Rather, the PSC interpreted the relevant statutes, which did not require rulemaking.

we conclude the matter is ripe for our review.

that an ALU under Act 233 is limited to include only those local units of government that exercise zoning jurisdiction.

The statutory definition of ALU is plain and unambiguous: it includes all local units of government where a proposed energy facility will be located. It does not refer to only those local units of government that have zoning jurisdiction;

The PSC’s more limited definition effectively re-writes the statutory definition of ALU, impedes the legislative policy choice to include all affected local units of government in at least part of the process, and cannot stand.

of an ALU has an affirmative obligation to notify [a developer] of the existence of a CREO, and if that [chief elected official] fails to notify the [developer] of the existence of a CREO within 30 days following receipt of an offer to meet, the [developer] may proceed as if an ALU does not have a CREO.

But under MCL 460.1223(3), the 30-day timeline begins not with the receipt of the offer to meet but with the actual meeting between the developer and the chief elected official or the official’s designee.

The PSC thus incorrectly interpreted PA 233 with respect to the statutory timeline.

Affirmed in part, reversed in part, and remanded for further proceedings. We do not retain jurisdiction.

Application Filing Instructions and Procedures October 10, 2024

means a unit of local government exercising zoning authority in which all or part of a proposed energy facility will be located.

The applicant may proceed as if there is not a CREO if the chief elected official has failed to respond to the offer to meet and has not provided notice of a CREO thirty days following receipt of the certified mail.

supremeCourtCaseNumber: 170249

SC: 170249

COA: 373259

145. Application for Leave to SCt · 2026-06-18

146. Supreme Court Motion: Cross-Appeal · 2026-07-16

150. Supreme Court Motion: Cross-Appeal · 2026-07-16

148. Supreme Court: Answer - SCt Application/Complaint · 2026-07-16

149. Supreme Court: Answer - SCt Application/Complaint · 2026-07-16

151. Supreme Court Motion: Expedite · 2026-07-16

MICHIGAN PUBLIC SERVICE COMMISSION, Appellee/Cross-Appellant/ Cross-Appellee,

MICHIGAN ENERGY INNOVATION BUSINESS COUNCIL, INSTITUTE FOR ENERGY INNOVATION, CLEAN GRID ALLIANCE, and ADVANCED ENERGY UNITED, Intervenor Appellees/ Cross-Appellants,

Appellants/ Cross-Appellees.

152. Supreme Court: Reply - SCt Application/Complaint · 2026-08-06

153. Supreme Court: Amicus Curiae Brf - SCt Application/Complaint · 2026-08-06

157. Supreme Court: Amicus Curiae Brf - SCt Application/Complaint · 2026-08-31

160. Supreme Court: Amicus Curiae Brf - SCt Application/Complaint · 2026-09-03

161. Supreme Court: Reply - SCt Application/Complaint · 2026-09-03

September 9, 2026

On order of the Chief Justice, the motion of Michigan Farm Bureau and the joint motion of Acceleration Solar, LLC; Washtenaw Solar Energy LLC; Otisville PV I, LLC; Rouget Road Solar Farm, LLC; Headland Solar, LLC; Birch Valley Solar, LLC; Walker Road Solar Farm, LLC; and Silver Maple PV, LLC to file briefs amici curiae are GRANTED. The amici briefs submitted August 31, 2026, and September 3, 2026, are accepted for filing.

162. Supreme Court Order: Chief Justice - Grant · 2026-09-09

supremeCourtStatus: Pending on Application

caseLastUpdated: 2026-09-10T00:09:35.797

If, within 30 days following a meeting described in subsection (2), the chief elected official of each affected local unit notifies the electric provider or IPP planning to construct the energy facility that the affected local unit has a compatible renewable energy ordinance, then the electric provider or IPP shall file for approval with each affected local unit, subject to all of the following:

Application Filing Instructions and Procedures October 10, 2024

We hold that (1) the PSC incorrectly interpreted PA 233 with respect to a statutory timeline, (2) the PSC improperly expanded the statutory definition of an affected local unit (ALU), but did not otherwise err in its interpretations of PA 233, and (3) the rulemaking requirements within the Administrative Procedures Act of 1969 (APA), MCL 24.201 et seq., do not apply to the PSC’s order. We therefore affirm in part, and reverse in part, the PSC’s order.

A commission order relating to a certificate or other matter provided for under this part is subject to review in the same manner as provided in section 26 of 1909 PA 300, MCL 462.26.

The applicant for a certificate shall enter into a host community agreement with each affected local unit.

(ii) Fencing for the solar energy facility complies with the latest version of the National Electric Code as of the effective date of the amendatory act that added this section or any applicable successor standard approved by the commission as reasonable and consistent with the purposes of this subsection.

(ii) The energy storage facility complies with the version of NFPA 855 “Standard for the Installation of Stationary Energy Storage Systems” in effect on the effective date of the amendatory act that added this section or any applicable successor standard adopted by the commission as reasonable and consistent with the purposes of this subdivision.

(iii) Each wind tower blade tip does not exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.

(b) The energy facility complies with the standard in section 1705(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1705.

(b) Meeting or exceeding pollinator standards throughout the lifetime of the facility, as established by the “Michigan Pollinator Habitat Planning Scorecard for Solar Sites” developed by the Michigan State University Department of Entomology

Also, 2023 PA 234, which was signed into law at the same time as PA 233, amended the MZEA to provide that a zoning ordinance is subject to

the Michigan Zoning Enabling Act (MZEA), MCL 125.3101 et seq.,