How Public Act 233 became law,
and who voted for it.
Every fact on this page comes from the public record and, where noted, news reports: the bill file, the House and Senate Journals, committee position lists, and the participants' own published statements. The roll-call votes below, member by member, are from House Journal No. 93 (Nov. 2, 2023, Roll Call 483, pp. 2319–20), Senate Journal No. 99 (Nov. 8, 2023, Roll Call 669, p. 2447) and House Journal No. 96 (Nov. 8, 2023, Roll Call 492, p. 2366), all three mirrored in our records library. Party labels are from the Michigan Manual 2023–2024, also mirrored. We take no position on the law.
The record, not a takeSponsors: bill file; bill as introduced. Votes: House Journal No. 93, pp. 2319–20; Senate Journal No. 99, p. 2447; House Journal No. 96, p. 2366. Party: Michigan Manual 2023–2024, Legislative and Congressional Representation by County.
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 (bill file). Its sponsor and all sixteen co-sponsors were Democrats (Michigan Manual 2023–2024). Neither the bill as introduced nor the bill file lists a Republican sponsor.
Source: legislature.mi.gov bill file for 2023 HB 5120; party: Michigan Manual 2023–2024.
Three roll calls. Zero crossovers.
Each dot is one recorded vote, grouped by party. Each roll call below lists every member's vote as printed in the journal (House Journal No. 93, pp. 2319–20; Senate Journal No. 99, p. 2447; House Journal No. 96, p. 2366). On all three votes, every yes was a Democrat and every no was a Republican (Michigan Manual 2023–2024). The House members who did not vote were Republicans whom the journal records as excused from that day's session (House Journal No. 93, pp. 2228, 2242; No. 96, p. 2348).
| Vote | Count | Who |
|---|---|---|
| yes | 56 | all Democrats |
| no | 52 | all Republicans |
| not voting | 2 | both Republicans, recorded as excused from the session |
Every member's vote, by name (110)
As printed in House Journal No. 93, pp. 2319–20; party and district: Michigan Manual 2023–2024.
Yeas — 56
Democrats · 56
- Abraham Aiyash, District 9
- Joey Andrews, District 38
- Noah Arbit, District 20
- Felicia Brabec, District 33
- Kelly Breen, District 21
- Julie Brixie, District 73
- Erin Byrnes, District 15
- Brenda Carter, District 53
- Tyrone Carter, District 1
- Jaime Churches, District 27
- Betsy Coffia, District 103
- Kevin Coleman, District 25
- Jennifer A. Conlin, District 48
- Emily E. Dievendorf, District 77
- Kimberly Edwards, District 12
- Alabas A. Farhat, District 3
- John Fitzgerald, District 83
- Carol Glanville, District 84
- Kristian Grant, District 82
- Jim Haadsma, District 44
- Jenn Hill, District 109
- Rachel Hood, District 81
- Kara Hope, District 74
- Jason Hoskins, District 18
- Matt Koleszar, District 22
- Tullio Liberati Jr., District 2
- Sharon MacDonell, District 56
- Jasper Martus, District 69
- Mike McFall, District 8
- Donavan McKinney, District 14
- Denise Mentzer, District 61
- Reggie Miller, District 31
- Jason Morgan, District 23
- Christine Morse, District 40
- Cynthia Neeley, District 70
- Amos O’Neal, District 94
- Veronica A. Paiz, District 11
- Laurie Pohutsky, District 17
- Natalie Price, District 5
- Ranjeev Puri, District 24
- Carrie Rheingans, District 47
- Julie M. Rogers, District 41
- Helena Scott, District 7
- Nate Shannon, District 58
- Phil Skaggs, District 80
- William Snyder, District 87
- Samantha Steckloff, District 19
- Lori Stone, District 13
- Joseph Tate, District 10
- Penelope Tsernoglou, District 75
- Dylan Wegela, District 26
- Regina Weiss, District 6
- Karen Whitsett, District 4
- Jimmie Wilson Jr., District 32
- Angela Witwer, District 76
- Stephanie Young, District 16
Nays — 52
Republicans · 52
- Gregory Alexander, District 98
- Joseph A. Aragona, District 60
- Andrew Beeler, District 64
- Brian Begole, District 71
- Timothy Beson, District 96
- Robert Bezotte, District 50
- Matt Bierlein, District 97
- Ann Bollin, District 49
- Ken Borton, District 105
- William Bruck, District 30
- Steve Carra, District 36
- Cam Cavitt, District 106
- Nancy DeBoer, District 86
- Jay DeBoyer, District 63
- James DeSana, District 29
- Graham Filler, District 93
- Andrew Fink, District 35
- Joseph D. Fox, District 101
- Neil Friske, District 107
- Phil Green, District 67
- Jaime Greene, District 65
- Matt Hall, District 42
- Mike Harris, District 52
- Mike Hoadley, District 99
- Gina Johnsen, District 78
- Tom Kunse, District 100
- Sarah Lightner, District 45
- Matt Maddock, District 51
- Gregory Markkanen, District 110
- David Martin, District 68
- Luke Meerman, District 89
- Mike Mueller, District 72
- Jerry Neyer, District 92
- Pat Outman, District 91
- Brad Paquette, District 37
- Bryan Posthumus, District 90
- Dave Prestin, District 108
- Angela Rigas, District 79
- Kathy Schmaltz, District 46
- Josh Schriver, District 66
- Bill G. Schuette, District 95
- Bradley Slagh, District 85
- Rachelle Smit, District 43
- Alicia St. Germaine, District 62
- Donni Steele, District 54
- Jamie Thompson, District 28
- Mark Tisdel, District 55
- Curtis S. VanderWall, District 102
- Greg VanWoerkom, District 88
- Pauline Wendzel, District 39
- Douglas Wozniak, District 59
- Dale Zorn, District 34
Not voting — 2
Republicans · 2
- Tom Kuhn, District 57 — journal: “excused temporarily from today’s session” (p. 2242)
- John Roth, District 104 — journal: “excused from today’s session” (p. 2228)
| Vote | Count | Who |
|---|---|---|
| yes | 20 | all Democrats |
| no | 18 | all Republicans |
| excused or not voting | 0 | full chamber voted |
Before passage, the Senate did not adopt an amendment by Sen. Roger Victory, under which the new part would not apply to a facility on land that was “farmland subject to a development rights agreement” under Part 361 of the Natural Resources and Environmental Protection Act, or amendments by Sen. Ed McBroom, under which it would not apply to “a solar energy facility with a nameplate capacity of 100 megawatts or more unless the energy facility is located in an industrial zone, and the land on which the solar energy facility is located is classified as industrial for property tax purposes” (Senate Journal No. 99, p. 2447).
Every member's vote, by name (38)
As printed in Senate Journal No. 99, p. 2447; party and district: Michigan Manual 2023–2024.
Yeas — 20
Democrats · 20
- Sarah Anthony, District 21
- Rosemary Bayer, District 13
- Winnie Brinks, District 29
- Darrin Camilleri, District 4
- Mary Cavanagh, District 6
- Stephanie Chang, District 3
- John Cherry, District 27
- Erika Geiss, District 1
- Kevin Hertel, District 12
- Jeff Irwin, District 15
- Veronica Klinefelt, District 11
- Sean McCann, District 19
- Kristen McDonald Rivet, District 35
- Mallory McMorrow, District 8
- Jeremy Moss, District 7
- Dayna Polehanki, District 5
- Sylvia Santana, District 2
- Sue Shink, District 14
- Sam Singh, District 28
- Paul J. Wojno, District 10
Nays — 18
Republicans · 18
- Thomas A. Albert, District 18
- Joseph N. Bellino Jr., District 16
- Jon Bumstead, District 32
- Kevin Daley, District 26
- John Damoose, District 37
- Roger Hauck, District 34
- Michele Hoitenga, District 36
- Mark Huizenga, District 30
- Ruth Johnson, District 24
- Dan Lauwers, District 25
- Jonathan Lindsey, District 17
- Ed McBroom, District 38
- Aric Nesbitt, District 20
- Rick Outman, District 33
- Jim Runestad, District 23
- Lana Theis, District 22
- Roger Victory, District 31
- Michael Webber, District 9
Excused — 0 · Not voting — 0
| Vote | Count | Who |
|---|---|---|
| yes | 56 | all Democrats (identical list to Nov 2) |
| no | 53 | all Republicans |
| not voting | 1 | Republican, recorded as excused from the session |
Every member's vote, by name (110)
As printed in House Journal No. 96, p. 2366; party and district: Michigan Manual 2023–2024.
Yeas — 56
Democrats · 56
- Abraham Aiyash, District 9
- Joey Andrews, District 38
- Noah Arbit, District 20
- Felicia Brabec, District 33
- Kelly Breen, District 21
- Julie Brixie, District 73
- Erin Byrnes, District 15
- Brenda Carter, District 53
- Tyrone Carter, District 1
- Jaime Churches, District 27
- Betsy Coffia, District 103
- Kevin Coleman, District 25
- Jennifer A. Conlin, District 48
- Emily E. Dievendorf, District 77
- Kimberly Edwards, District 12
- Alabas A. Farhat, District 3
- John Fitzgerald, District 83
- Carol Glanville, District 84
- Kristian Grant, District 82
- Jim Haadsma, District 44
- Jenn Hill, District 109
- Rachel Hood, District 81
- Kara Hope, District 74
- Jason Hoskins, District 18
- Matt Koleszar, District 22
- Tullio Liberati Jr., District 2
- Sharon MacDonell, District 56
- Jasper Martus, District 69
- Mike McFall, District 8
- Donavan McKinney, District 14
- Denise Mentzer, District 61
- Reggie Miller, District 31
- Jason Morgan, District 23
- Christine Morse, District 40
- Cynthia Neeley, District 70
- Amos O’Neal, District 94
- Veronica A. Paiz, District 11
- Laurie Pohutsky, District 17
- Natalie Price, District 5
- Ranjeev Puri, District 24
- Carrie Rheingans, District 47
- Julie M. Rogers, District 41
- Helena Scott, District 7
- Nate Shannon, District 58
- Phil Skaggs, District 80
- William Snyder, District 87
- Samantha Steckloff, District 19
- Lori Stone, District 13
- Joseph Tate, District 10
- Penelope Tsernoglou, District 75
- Dylan Wegela, District 26
- Regina Weiss, District 6
- Karen Whitsett, District 4
- Jimmie Wilson Jr., District 32
- Angela Witwer, District 76
- Stephanie Young, District 16
Nays — 53
Republicans · 53
- Gregory Alexander, District 98
- Joseph A. Aragona, District 60
- Andrew Beeler, District 64
- Brian Begole, District 71
- Timothy Beson, District 96
- Robert Bezotte, District 50
- Matt Bierlein, District 97
- Ann Bollin, District 49
- Ken Borton, District 105
- Steve Carra, District 36
- Cam Cavitt, District 106
- Nancy DeBoer, District 86
- Jay DeBoyer, District 63
- James DeSana, District 29
- Graham Filler, District 93
- Andrew Fink, District 35
- Joseph D. Fox, District 101
- Neil Friske, District 107
- Phil Green, District 67
- Jaime Greene, District 65
- Matt Hall, District 42
- Mike Harris, District 52
- Mike Hoadley, District 99
- Gina Johnsen, District 78
- Tom Kuhn, District 57
- Tom Kunse, District 100
- Sarah Lightner, District 45
- Matt Maddock, District 51
- Gregory Markkanen, District 110
- David Martin, District 68
- Luke Meerman, District 89
- Mike Mueller, District 72
- Jerry Neyer, District 92
- Pat Outman, District 91
- Brad Paquette, District 37
- Bryan Posthumus, District 90
- Dave Prestin, District 108
- Angela Rigas, District 79
- John Roth, District 104
- Kathy Schmaltz, District 46
- Josh Schriver, District 66
- Bill G. Schuette, District 95
- Bradley Slagh, District 85
- Rachelle Smit, District 43
- Alicia St. Germaine, District 62
- Donni Steele, District 54
- Jamie Thompson, District 28
- Mark Tisdel, District 55
- Curtis S. VanderWall, District 102
- Greg VanWoerkom, District 88
- Pauline Wendzel, District 39
- Douglas Wozniak, District 59
- Dale Zorn, District 34
Not voting — 1
Republican · 1
- William Bruck, District 30 — journal: “excused from today’s session” (p. 2348)
Sponsors of House Bill 5120
Rep. Abraham Aiyash — Democrat — District 9, primary sponsor
- Ranjeev Puri
- Brenda Carter
- Laurie Pohutsky
- Carrie Rheingans
- Kara Hope
- Amos O'Neal
- Erin Byrnes
- Lori Stone
- Sharon MacDonell
- Penelope Tsernoglou
- Christine Morse
- Kelly Breen
- Jasper Martus
- Joey Andrews
- Samantha Steckloff
- Jimmie Wilson Jr.
Co-sponsors, all Democrats. Source: legislature.mi.gov bill file for 2023 HB 5120; party: Michigan Manual 2023–2024.
How to read this: each dot is one recorded vote. A filled circle is a yes, a filled square is a no, and an open dashed circle is a member who did not vote. Democrats are grouped on the left and Republicans on the right. Switch between the three roll calls with the buttons at the top; dots in the same chamber keep their place, so a dot that changes shape marks a change in the tally. Arrow keys move from dot to dot.
Source: House Journal No. 93 (Nov 2, 2023, RC 483, pp. 2319–20); House Journal No. 96 (Nov 8, 2023, RC 492, p. 2366); Senate Journal No. 99 (Nov 8, 2023, RC 669, p. 2447); 2023 HB 5120 bill file (sponsors, history, roll-call numbers). Party: Michigan Manual 2023–2024.
Forty-nine days from introduction to signature
Introduced
Rep. Abraham Aiyash (D-9) files HB 5120 with 16 Democratic co-sponsors; referred to House Energy, Communications, and Technology (bill file; party: Michigan Manual 2023–2024).
Committee positions
The House Fiscal Agency lists who testified or indicated a position before the House Energy, Communications, and Technology Committee on Oct 11, 12 and 18. Testified in support: the MPSC, Conservative Energy Forum, Michigan Energy Innovation Business Council, Michigan Laborers District Council and Ventower Industries; groups indicating support include Clean Grid Alliance, Michigan Environmental Council, Michigan League of Conservation Voters, NRDC and Sierra Club. Testified in opposition: among others, the Michigan Townships Association, Michigan Association of Counties and Michigan Municipal League; the Michigan Farm Bureau indicated opposition (HFA analysis, Oct 30, 2023, pp. 11–12).
House passes, 56–52
Party-line Roll Call 483; substitute H-3 adopted; immediate effect ordered (House Journal No. 93, pp. 2319–20; party: Michigan Manual 2023–2024).
Senate passes, 20–18; House concurs, 56–53
Senate substitute S-4 adopted after amendments by Sens. Victory and McBroom are not adopted; the House concurs the same day. All party-line (Senate Journal No. 99, p. 2447; House Journal No. 96, p. 2366; party: Michigan Manual 2023–2024).
Signed by Gov. Whitmer
Approved by the governor Nov 28, filed with the Secretary of State Nov 29 and assigned Public Act 233 of 2023 (bill file). The governor's office announced it as part of a “Clean Energy & Climate Action Package” (release, Nov 28, 2023).
Repeal petition misses the 2024 ballot
Citizens for Local Choice sought to repeal PA 233 by ballot initiative; it needed “a minimum of 356,958 valid signatures before May 29” (Michigan Townships Association). The Townships Association's board and the Michigan Farm Bureau announced support for the petition (MTA; Michigan Farm Bureau, Feb 14, 2024). On May 28, 2024 Michigan Public reported that the group “does not have enough signatures for the initiative to be put on the 2024 ballot” and “says it now will continue its petition drive with the hope of getting on the 2026 ballot” (Michigan Public, May 28, 2024).
Repeal bill introduced in the Senate
Sen. Michele Hoitenga introduces Senate Bill 898, which would repeal the part of the law that PA 233 added; the bill file records its referral to the Committee on Energy and Environment and no later action (bill file).
PA 233 takes effect
One year after enactment, as the act itself provides. It creates a state siting certificate from the MPSC for solar facilities of 50 MW and up and sets out when a developer may apply for one. Where a township has given notice of a compatible ordinance, the developer must apply to the township first (Sec. 223(3)). Where it has not, the developer may apply to the commission or to the township.
The case goes to court
Townships and counties appeal the MPSC's October 2024 order implementing the law. On May 7, 2026 the Court of Appeals affirms the order in part and reverses it in part. The Michigan Supreme Court's order of Sept 9, 2026 lists 75 townships and counties as appellants; the court has not decided whether to hear the case (No. 170249).
Who pushed, who fought — verbatim
Statements by supporters and opponents of the bill. Each quotation is copied from the source named beside it.
The case for
Gov. Whitmer · renewable industry · environmental groups · building-trades unions
“The clean energy bills deliver on the proposals in the governor’s MI Healthy Climate Plan…”
“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 over renewable energy and forced developers to cancel projects.”
“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…”
MPSC chair Dan Scripps, at a Senate committee hearing on the bills, said Michigan needs “up to 209,000 acres of wind and solar developments in addition to those already built or in the works” (Bridge Michigan's paraphrase) and that “in context, it represents about 0.55 percent of Michigan’s total area” (Bridge Michigan, Nov 8, 2023). For a state certificate, the act requires that construction workers be paid “not less than the wage and fringe benefit rates prevailing in the locality” and, “To the extent permitted by law,” a project labor agreement or collective bargaining agreement (Sec. 226(7)(e)). Neither Consumers Energy nor DTE Energy appears on the House Fiscal Agency's lists of those who testified or indicated a position (HFA analysis, pp. 11–12).
The case against
Townships Association · Association of Counties · Municipal League · Farm Bureau · Republican caucuses
“Rather, the legislation unduly forces large, utility-scale renewable energy facilities into our rural areas, while also stripping away local input on where and how much should be located in a community…”
"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."
“The state coming in, and really it’s like a hostile takeover, usurping their authority—not just the elected officials but then also the people who voted on these things”
“The irony is that so many of you constantly and persistently tell everyone how much you love the U.P. or other rural Michigan areas. Yet, the very things that make you appreciate the economy, culture, and natural and picturesque landscapes that undergird it and identify it, will be stripped away for the cold industry and mechanics of miles and miles of panels powering communities hundreds of miles away.”
The Townships Association wrote: “According to an MTA-commissioned poll, the vast majority of Michiganders—more than 87%—agree that permitting for utility-scale renewable energy should remain at the local level” (MTA). We have not found the poll itself. The Michigan Municipal League testified against the bills in committee (HFA analysis, p. 11). After the House vote it wrote that “Several amendments were adopted during debate on the House floor that addressed issues we raised, and complete preemption of local authority is no longer part of this legislation,” and that in the Senate it would “continue to express the importance of integrating local control within this process” (MML, Nov 3, 2023).
This law is why a township "no" may not be final
PA 233 applies to “Any solar energy facility with a nameplate capacity of 50 megawatts or more” (Sec. 222(1)(a)); the test is the facility's nameplate capacity, not one township's share. Consumers Energy's filings give 241 MWac in Gustin Township and 94 MWac in Harrisville Township. Under the law, a developer may apply to the commission for a certificate. Where a township has given notice of a compatible ordinance, the developer must apply to the township first, and may go to the commission if the township misses its deadline, denies an application that meets the Sec. 226(8) standards, or later makes its ordinance stricter than those standards (Sec. 223(3)(c)). Parts of the Court of Appeals decision on how the MPSC implemented the law are before the Michigan Supreme Court (No. 170249), which has not decided whether to hear the case.
The record
Michigan Legislature — 2023 HB 5120 bill file (sponsors, history, roll-call numbers); bill as introduced; PA 233 of 2023 (records library); 2024 SB 898 bill file
Michigan House Journal — No. 93 (Nov 2, 2023, RC 483, pp. 2319–20) and No. 96 (Nov 8, 2023, RC 492, p. 2366) (records library)
Michigan Senate Journal — No. 99 (Nov 8, 2023, RC 669 and the Victory and McBroom amendments, p. 2447; Sen. McBroom's statement, pp. 2449–52) (records library)
Michigan Manual 2023–2024 — Legislative and Congressional Representation by County, 2023–2024 (party labels; records library)
House Fiscal Agency — analysis of HB 5120 (H-1) and 5121 as reported, Oct 30, 2023, positions pp. 11–12
Office of Gov. Whitmer — “Governor Whitmer Signs Historic Clean Energy & Climate Action Package,” Nov 28, 2023 (incl. the Wozniak quotation)
Michigan Townships Association — statement on the signing (Sheridan); board vote supporting the initiative (signature count, 87% poll)
Michigan Municipal League — Inside 208, Nov 3, 2023
Michigan Farm Bureau — “MFB backs petition…,” Feb 14, 2024
Bridge Michigan — Nov 3, 2023 (sponsors' aims); Nov 8, 2023 (Allen, Scripps). WEMU / Michigan Public Radio — Oct 16, 2023 (Greene). Michigan Public — May 28, 2024 (Citizens for Local Choice)
Michigan courts — Court of Appeals No. 373259, In re Implementing Provisions of Public Act 233 of 2023, opinion of May 7, 2026; Michigan Supreme Court No. 170249, docket and order of Sept 9, 2026 (records library)