The Law · Public Act 233 of 2023

One law moved the decision to Lansing.
Here is exactly who moved it.

Every fact on this page comes from the official record — the bill file, the House and Senate Journals, committee position lists, and the participants' own published statements. The three roll calls below were verified name-by-name against the journals. We take no position on the law; the record speaks plainly enough on its own.

The record, not a take
17
Sponsors — all Democrats
3
Roll calls, all party-line
0
Crossover votes, either party
49
Days, introduction to signing
50 MW
Solar threshold for state siting
PANEL 01Who Wrote It

Drafted and sponsored entirely on one side of the aisle

House Bill 5120 was introduced on October 10, 2023 and referred to the House Committee on Energy, Communications, and Technology. Its sponsor and all sixteen co-sponsors were Democrats. No Republican put their name on the bill at any point.

Ranjeev PuriBrenda CarterLaurie PohutskyCarrie RheingansKara HopeAmos O'NealErin ByrnesLori StoneSharon MacDonellPenelope TsernoglouChristine MorseKelly BreenJasper MartusJoey AndrewsSamantha SteckloffJimmie Wilson Jr.

Source: legislature.mi.gov bill file for 2023 HB 5120. The bill passed during Michigan's first Democratic trifecta — House, Senate, and governorship — in roughly four decades.

PANEL 02The Votes

Three roll calls. Zero crossovers.

Each dot is one legislator's recorded vote, drawn from the official journals. On all three votes, every yes was a Democrat and every no was a Republican — verified against the full caucus rosters. The only members not voting were Republicans who were excused.

House passage — November 2, 2023

Roll Call No. 483 · House Journal No. 93 · substitute H-3, given immediate effect

56 yes — all Democrats 52 no — all Republicans 2 excused — both Republicans

Senate passage — November 8, 2023

Roll Call No. 669 · Senate Journal No. 99 · substitute S-4 · two Republican amendments rejected first

20 yes — all Democrats 18 no — all Republicans 0 absent — full chamber voted

Before passage, the Senate rejected floor amendments by Sen. Roger Victory (protections for enrolled farmland) and Sen. Ed McBroom (carve-outs near existing 100 MW industrial sites).

House concurrence — November 8, 2023 · the final vote

Roll Call No. 492 · House Journal No. 96 · concurring in the Senate's substitute

56 yes — all Democrats (identical list to Nov 2) 53 no — all Republicans 1 excused — Republican
PANEL 03The Bill's Journey

Forty-nine days from introduction to signature

Oct 10, 2023

Introduced

Rep. Abraham Aiyash (D-9) files HB 5120 with 16 Democratic co-sponsors; referred to House Energy, Communications, and Technology.

Oct 11–18, 2023

Committee testimony

Supporters on the record: MPSC, Clean Grid Alliance, Michigan EIBC, Michigan Laborers District Council, environmental groups. Opposed: Michigan Townships Association, Association of Counties, Municipal League, Farm Bureau, and others.

Nov 2, 2023

House passes, 56–52

Party-line Roll Call 483; substitute H-3 adopted; immediate effect ordered.

Nov 8, 2023

Senate passes, 20–18; House concurs, 56–53

Senate substitute S-4 adopted after two Republican amendments fail; the House concurs the same day. All party-line.

Nov 28, 2023

Signed by Gov. Whitmer

Signed as part of the Clean Energy & Jobs Act package (filed with the Secretary of State Nov 29); assigned Public Act 233 of 2023.

May 2024

Repeal petition falls short

Citizens for Local Choice — led by Lenawee County commissioner Kevon Martis, endorsed by the Townships Association and Farm Bureau — fails to gather enough signatures to put repeal on the 2024 ballot.

Nov 29, 2024

PA 233 takes effect

One year after enactment, by its own terms. The MPSC becomes the default siting authority for solar of 50 MW and up.

Nov 2024

The House flips

Republicans win the Michigan House. Restore-local-control bills (e.g., Sen. Hoitenga's SB 898) are introduced but stall against the Democratic Senate and governor.

2024–2026

The courts take over

72 townships and 7 counties sue over the MPSC's implementation; the Court of Appeals splits its May 2026 ruling; the Michigan Supreme Court appeal (No. 170249) is pending now.

PANEL 04In Their Own Words

Who pushed, who fought — verbatim

Both coalitions were broad, organized, and on the record. Quotes below are drawn from signing statements, committee testimony, floor debate, and published releases — cited at the bottom of this page.

The case for

Gov. Whitmer · renewable industry · environmental groups · building-trades unions

"[The package] deliver[s] on the proposals in the governor's MI Healthy Climate Plan…"
— Gov. Whitmer's signing release, Nov 28, 2023, citing projected household savings and clean-energy jobs
"Democratic sponsors say a uniform permitting system would help the state meet its clean energy goals by circumventing the bitter fights that have broken out in rural communities."
— Bridge Michigan, Nov 2023
"The Clean Energy & Jobs Act puts Michigan on a path for some of the fastest buildout in the nation of renewable energy, like wind and solar."
— Lisa Wozniak, Michigan League of Conservation Voters

Their data: a Columbia (Sabin Center) survey counted 26 Michigan local governments that had delayed or blocked utility-scale renewables — the most of any state studied. MPSC chair Dan Scripps testified the state's 2040 goals need roughly 209,000 acres (~0.5% of Michigan's land). Labor's stake is written into the act itself: certificates require prevailing wage and labor agreements. Notably, neither Consumers Energy nor DTE took a formal committee position.

The case against

Townships Association · Association of Counties · Municipal League · Farm Bureau · Republican caucuses

"No one knows a community better than the people who live there… [the law] unduly forces large, utility-scale renewable energy facilities into our rural areas."
— Neil Sheridan, executive director, Michigan Townships Association
"These bills are not about whether or not we need clean energy in Michigan. This is about who is best equipped to make those decisions."
— Judy Allen, Michigan Townships Association
"We deserve to have a say in what happens in our own backyards."
— Rep. Jaime Greene (R-Richmond)
"So many of you constantly, persistently tell everyone how much you love the U.P. or other rural Michigan areas. Yet the very things that make you appreciate [them]… will be irrevocably harmed."
— Sen. Ed McBroom (R-Vulcan), floor debate, Nov 8, 2023

Their data: the Townships Association cited polling that 87% of respondents wanted permitting kept local. The Municipal League negotiated amendments (including the compatible-ordinance pathway that keeps compliant communities in charge) yet remained opposed. The repeal petition's funding drew its own scrutiny — reporting tied organizers to fossil-fuel-linked groups, which organizers disputed.

PANEL 05Why This Page Exists

This law is why a township "no" may not be final

Gustin Solar's Harrisville share alone is 94 MW — nearly double PA 233's 50 MW threshold. If either township denies a compliant application, Consumers Energy can take the decision to the commission this law empowered. That is the live stake behind every fact above — and it is being contested at the Michigan Supreme Court right now.

How this page was made: every claim was checked against primary sources — the legislature.mi.gov bill file, House Journals No. 93 and 96, Senate Journal No. 99 (roll calls verified legislator-by-legislator against caucus rosters), the House Fiscal Agency's official position lists, and the participants' published statements. Quotes are verbatim from the cited sources. One common error corrected here: the House's initial passage was 56–52; the widely-quoted 56–53 was the later concurrence vote. This page takes no position on the law's merits.
APPENDIXSources

The record

Michigan Legislature — 2023 HB 5120 bill file (sponsor, co-sponsors, history, roll-call numbers); PA 233 of 2023 act text

Michigan House Journal — No. 93 (Nov 2, 2023, RC 483) and No. 96 (Nov 8, 2023, RC 492)

Michigan Senate Journal — No. 99 (Nov 8, 2023, RC 669, Victory and McBroom amendments)

House Fiscal Agency — HB 5120/5121 analysis with official support/opposition testimony lists

MichiganVotes.org — independent tally corroboration

Office of Gov. Whitmer — Clean Energy & Jobs Act signing release, Nov 28, 2023 (incl. LCV, NRDC, Evergreen quotes)

Clean Grid Alliance — committee support; 2025 amicus statement

Michigan Environmental Council / Sierra Club Michigan — published positions

Michigan Townships Association — opposition statements, repeal endorsement, amicus filings

Michigan Association of Counties / Michigan Municipal League — published positions and testimony

Michigan Farm Bureau — repeal petition endorsement

Bridge Michigan / Michigan Advance / Argus-Press / Iron Mountain Daily News — floor debate coverage and quotes (Greene, Fink, McBroom, Theis, Damoose, BeGole)

Sabin Center for Climate Change Law (Columbia) — May 2023 survey of local renewable blocks

Michigan Public / Planet Detroit — Citizens for Local Choice outcome and funding reporting

Sen. Michele Hoitenga — SB 898 announcement

Columbia Climate Law Blog / Foster Swift — Almer Twp. v. MPSC appellate history; MSC No. 170249