×

Legislators join townships in fight against PA 235

State Representative Greg Alexander last Thursday introduced House Bills 4027-28 that would restore local control over the placement of large-scale energy projects. Introduced on January 28, 2025. The partisan bills were co-sponsored by 50 Republicans, including U. P. representatives Greg Markkanen and Karl Bohnak.

The bills are in response to Public Act 235 of 2023, which preempts existing local authority, instead, setting statewide siting standards and grant siting authority for utility-scale renewable energy facilities, to the Michigan Public Service Commission (MPSC). The law took effect on November 29.

PA 235, according to the MPSC, establishes a clean energy standard of 80% by 2035 and 100% by 2040. Electric providers will need to file plans with the Commission beginning no later than 2028. The Commission will need to establish formats and guidelines for the Clean Energy Plans by January 1, 2026.

Under the law, which was advanced along Democratic party lines, the MPSC now has the authority to override local decision-making authority on wind and solar siting, even though the MPSC is not an elected legislative body.

Rep. Alexander represents the 98th District, which includes portions of Lapeer, Sanilac and Tuscola counties, as well as all of Huron County. In a Jan. 29 release, he said that people in many areas of the state, including his district, are clear that they do not want this type of development in their communities and feel these laws established the heavy hand of government directly into their lives.

A January release from Markkanen’s office says that he, Bohnak, and Dave Prestin, joined Senator Ed McBroom in urging the governor and leadership within the Michigan Department of Natural Resources (DNR) to abandon their plans to deforest state land to further their green energy agenda.

Bohnak, in a Jan. 31 release, said that controls should remain in local hands.

“When it comes to making decisions on behalf of U.P. communities,” he said, “there is no question that I would rather trust someone who lives in the Upper Peninsula over a state bureaucrat who claims to be an expert.

These house bills follow action taken on November 8, 2024 when 75 townships across Michigan filed a claim of appeal in the Michigan Court of Appeals challenging the Michigan Public Service

Commission’s Oct. 10 order implementing Public Act 233 of 2023.

The townships in their challenge allege both procedural and substantive defects in the Commission’s order, claiming it was adopted in violation of the Michigan Administrative Procedures Act and that it misinterprets certain key provisions of Public Act 233.

Last December, Keweenaw County Planning Commission Chairman John Parsons addressed the County Board on the issue of MSPC’s Compatible Renewable Energy Ordinance (CREO) options at the regular October meeting. Parsons told the board there are three options they could consider. The first was for the board to do nothing and the state would take care of any large-scale alternative energy facilities that could take place in Keweenaw County. The second option was for the county to develop its own county ordinance, or third, pass a compatible renewable energy ordinance that MAC supports that can be amended locally if needed.

Parsons said that the Planning Commission recommends going with option 3, but this would require a public hearing.

During discussion among Board member, Board Vice Chair Del Rajala rejected Option 1 outright, saying the Board will not agree to just hand local power to the state.

On Jan. 14, the Court of Appeals denied the request of the 76 townships and counties to halt implementation of the statewide siting process at the Michigan Public Service Commission (MPSC) pending the appeal from the same local governments. As a result, while the case works its way through the court process, the MPSC will continue to implement the new process to provide large solar, wind and storage projects with an alternative land-use approval pathway.

Starting at $2.99/week.

Subscribe Today