DEERFIELD, Mich. (Michigan News Source) – In November of 2023, Michigan Democrats pushed through legislation that allows the state to control wind and solar projects instead of localities. Because the Whitmer administration’s clean energy agenda ran into opposition, the legislators decide that they didn’t want the Governor’s agenda stopped by pushback from any of the 1800 jurisdictions in the state (cities, townships and counties).

Many of those jurisdictions saw community members show up at local governmental meetings to voice their concerns about wind and solar projects. They cited concerns like noise, health effects, the scope of land needed, disruption of animal habitats, the killing of birds and bats, and the destruction of the natural landscape and other issues.

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To skirt the local pushback against wind and solar projects, Democratic legislators in the House and Senate came up with a plan that preempted existing local siting authority, setting statewide standards and granting siting authority for renewable energy facilities to the Michigan Public Service Commission (PSC). The legislation, House Bill 5120, now known as Public Act 233 passed and is scheduled to take effect on November 29, 2024.

What’s in the new legislation?

The bill is part of a bigger push by Democrats to codify their climate action plan with legislation designed to reduce greenhouse gas emissions and eventually get rid of fossil fuel in the state.

Dan Scripps, Chairman of the MPSC, had told a Senate Energy and Environmental Committee in November that the legislation was needed so the state could meet their accelerated clean and renewable energy targets to run on 50% renewable energy by 2030 and 100% clean energy by 2040. Scripps said that about 210,000 more acres would be needed to meet their goals.

The passage of the legislation caused an uproar among local communities and Michigan News Source reported back at the end of October that according to a poll that was conducted for the Michigan Townships Association (MTA), more than 87% of respondents agreed that permitting for utility-scale renewable energy should remain at the local level and also showed that 71% did not support a state takeover of siting and permitting for these facilities.

At the time the poll was announced, MTA had warned, “The legislation would eliminate all local authority and approval over the location and permitting of utility-scale wind, solar and large-scale battery facilities, and shift it to the state level. Under the bill, the Michigan Public Service Commission — a rate-setting, regulatory agency with no experience in local planning and zoning issues or responsibility to Michigan residents and communities — would have permitting authority over these facilities that have real, decades-long impacts on their host communities unless the developer chooses to apply locally.”

Who else is opposed to the legislation?

Both the Michigan Chamber of Commerce and the Michigan Farm Bureau were opposed to the legislation with the MFB saying, “Locals know best.” Andrew Vermeesch, MFB legislative counsel said, “These decisions should reside at the community level to ensure that the unique needs and preference of each locality are properly considered. This approach not only safeguards our treasured agricultural heritage but also fosters sustainable energy development in a manner that caters to the specific requirements of each community.”

Now, it looks like Michiganders might have the opportunity to have a say and turn things back to local control. A bipartisan group of individuals from across the state launched “Citizens for Local Choice” on Thursday, a ballot committee formed to restore voters’ rights in land use decisions for industrial wind and solar operations, which were stripped away by the state.

What’s the ballot initiative?

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The ballot effort is a proposed initiated law to allow local units of government to retain local authority to regulate the development of solar, wind, or energy storage facilities in their jurisdictions by repealing laws that would allow the Michigan Public Service Commission to override local energy facility development decisions. If enacted, this proposal will allow local ordinances to continue to regulate setback distance, structure height, shadow flicker, and the amount of light and sound emitted by energy facilities and allow local units of government to approve and manage proposals to construct energy facilities.

The group says about the new law, “As passed by the Legislature and signed by the governor, the new law significantly restricts local governments from participating in the decision-making process regarding utility-scale wind and solar projects in their communities. Unless a local government abides by all of the mandates in the new law, decision-making authority now rests with the three member, politically appointed Michigan Public Service Commission. Eighty-seven percent of voters across Michigan support local control and this ballot initiative will give voters the voice the Legislators and the Governor ripped away.”

Norm Stephens, committee member for Citizens for Local Choice, says, ”We refuse to sit on the sidelines as local control gets stripped from our communities. We are committed to this effort and believe we have a real chance to rightfully restore control back into the locals’ hands. This will no doubt be a tough battle, but it is a battle that thousands of Michigan voters and I are ready to take on.”

What are politicians saying?

Individuals across the state have shared concerns about the new law and others pledging support for the ballot campaign effort according to Citizens for Local Choice.

Republican Senator Ed McBroom of the 38th District and a 4th generation dairy farmer in Dickinson County says, “The law mandates 3 people, selected by the governor to guarantee affordable and reliable electricity, to override scientific and local preferences on land use so our monopoly utilities and billion dollar renewable companies can do their projects anywhere they drop a huge pile of government money. It is an astounding journey into foolish government determinism that reeks of elitism and crony capitalism. Far from protecting agriculture, it creates a dangerous scenario where farmers will have leased land swept away from them by government subsidized leases that will cripple their remaining operations from loss of ground and the infrastructure of the ag economy. No alternative outcome can be possible when targeting over 340,000 acres of our state’s second largest industry- agriculture- and its greatest asset: land.”

Doug Spade, former Democratic State Representative, says, ”During my three terms as a state representative, one of the things that both parties held sacred was that regulation of land use should rest in the hands of the folks that know their communities best and that is the people who actually live there. Renewable energy has an important role to play in Michigan but it should be developed in a way that respects the local community.”

Liz Masters, Supervisor of Wales Twp., St. Clair County says, ”Let’s unite to get this initiative on the November ballot and oppose any attempt to strip local control of solar and wind projects. Michigan can achieve energy development at our own pace by respecting local voices.”

What concerns have residents expressed?

Emmet County resident Kelly Alexander, Emmet County says, “My family and I have been living too close to wind turbines longer than anyone else in the State of Michigan. The two turbines in Mackinaw City are next to our home and are irresponsibly sited too close. But under the new state law, they could be placed even closer than they are now. Local control of zoning is the best way to make sure someone else isn’t the next victim of corporate developers.”

Swine and Crop Farmer Bob Hawkins says, “Throughout my 73 years of life, as a farmer, we’ve been taught to protect AG ground. Local control of zoning is the best method we have to protect our farm ground, but now the legislature has taken that power away. This must be stopped.”

Melissa Lorenz, a Democrat and community activist in Montague, White River Twp. says, “Here in White River Township, Montague, we said yes to renewables that are properly sited and placed. Our township spent the time, the money and the effort to employ a company well-versed in zoning, they solicited residents for feedback, and they did their due diligence. Our Township created a comprehensive solar ordinance that not only embraced solar, but also integrated it into the community. In the meantime, a massive utility-scale solar project threatens to decimate 6 square miles of our tiny, half-sized 15.9 square mile Township. This 1,700 acre project would have completely changed the entire character of our Lake-Michigan fronted Township, where tourist and part-year residents join our full-time residents in enjoying the current beauty. And then came Bill HB 5120-23 which took away our ability to control our own destiny. Especially as a Democrat, I find myself not supporting my party for the first time. Each community is different. Each community must be allowed to make decisions as to what serves the majority of their residents.

Joe Boogren is also a life-long Democrat and lives in the U.P. He is a 32 year Veteran, retired USN Captain and combat veteran (Kosovo/Afghanistan/Iraq) as well as the Supervisor of Forsyth Township (Marquette County). He says, “Removing local control from elected officials and putting it in the hands of appointed bureaucrats is unequivocally disenfranchising every voter in Michigan – moreover, it is unambiguously targeted at rural communities. This legislation is un-American at its core.”

 Dave La Montaine, Riga Township trustee, U.S. Marine Corps veteran and retired Deputy Sheriff

“I’m saddened by the state taking away local control, disrupting our lives with proposed wind and solar projects. We moved for a quiet, beautiful family life. With zoning decisions no longer local, I fear what’s next. Let’s unite and push for this initiative on the ballot.”

What’s next for the ballot initiative?

The committee is in the process of submitting language for consideration by the Board of Canvassers. Upon approval, the Committee will have 180 days to collect and submit the required 356,958 valid signatures from registered voters. The required number of signatures would need to be submitted by May 29th in order for the initiative to be placed on the November 2024 ballot; otherwise, the initiative would advance to the November 2026 ballot. Those interested in getting involved in the effort can visit www.micitizenschoice.org for more information.