Community Conversations

 

Community Conversations are a monthly chance to talk with Township Board members about local issues. Join us on the first Thursday of every month, up to three board members will attend.

 

With the first sessions heavily dedicated to Public Act 233 and battery energy storage, please visit the PA 233 and BESS page of our website for additional information. That webpage is frequently referenced and linked in the answers below.

 

 

Why aren’t we putting this in Industrial zoning instead of Rural Residential?  

No decision has been made about which zoning districts could be used. An early first draft listed several possible districts, but the current working draft does not assign battery energy storage to any zoning districts. As the Planning Commission reviews the draft language, they will complete mapping exercises that look at factors such as population density, average well depths, and wetlands/water features before making any recommendations.

 

What is the MPSC and what authority do they have?

MPSC stands for the Michigan Public Service Commission. It is a state regulatory agency based in Lansing that oversees public utilities, including electricity, natural gas, and telecommunications.

Under Public Act 233, if township zoning does not specifically allow battery energy storage, or a developer believes the local ordinance is “unworkable,” the project can move to a state-level certification process. In that case, the MPSC conducts a contested case process and has authority to decide whether a project may proceed.

To learn more about how this works and what options the township and residents have, please see the “What can the township and its residents do?” section of the PA 233 and BESS page on the Township website.

 

How can the MPSC override protected water sources?

The MPSC does not appear to have the power to waive or “override” state or federal laws that protect water.

Public Act 233 can shift who makes the siting decision (from the township to the MPSC) if local zoning does not allow battery energy storage or is deemed “unworkable.” But even if the MPSC approves a project, we believe it must still meet all environmental and water protection requirements enforced by agencies like Michigan Department of Environment, Great Lakes, and Energy (EGLE) and under federal law.

 

What about the sounds (low frequency) and long-term damage?

The MPSC application requires a detailed sound study, including continuous and low-frequency noise. Our current working draft mirrors that requirement so any proposal here would also need a sound analysis that meets state standards. These studies are intended to evaluate potential long-term sound impacts on nearby properties and ensure projects comply with applicable noise limits.

 

Is there a study that has been done on water resources for the area?

The township has not completed a new, BESS-specific water resources study for this area. However, if an application is received, as part of the review process, the Township will look closely at wells, groundwater, wetlands, and surface water using existing county and state resources, and will request additional technical input or studies if needed.

 

What happens if the ordinance isn’t done and the developer applies to the MPSC?

If there is no ordinance in place, site certification shifts to the state-level permitting process. To learn more about state-level certification and what other options the Township and residents have, please see the “What can the township and its residents do?” section of the PA 233 and BESS page on the Township website.

 

Can we ban lithium ion and support nickel manganese cobalt?

Banning a specific battery chemistry would very likely make the local ordinance “unworkable” under Public Act 233. In that situation, a developer could bypass township review and apply directly to the MPSC for state-level approval. 

Instead of banning chemistries, the ordinance is being structured around science-based standards that would apply to any battery technology.

 

What is the average acreage for these types of facilities? 

Estimates vary by design, but a common range is roughly 0.03 to 0.1 acres per megawatt (MW) of battery capacity. Using that range, a 260 MW facility could be up to 26 acres in size.

 

Did the developer say why they pulled their application?

The developer did not provide a reason for withdrawing their application from the MISO queue. No formal application was ever made to the Township.

 

What rules would there be to protect the Wolf Lake Hatchery?

We can’t speak for EGLE or outline all protections they may require. However, the current working draft does recognize sensitive land uses like the Wolf Lake State Fish Hatchery. It would require preparation of an Environmental Impact Statement (EIS), which is intended to evaluate potential impacts on nearby natural resources and recommend measures to minimize or altogether mitigate harm.

 

What should residents be doing? Who can they contact to share their opposition?

Stay engaged by watching meeting agendas and participating when draft zoning language is discussed. At this time, there is no formal application before the Township. Until zoning language is adopted, an application for Township approval cannot be submitted. 

You may also contact New Edge directly to share your views on any future proposal, and reach out to your county, state, and federal elected officials, as well as the MPSC, with questions or concerns. Contact information is available in the “What can the township and its residents do?” section of the PA 233 and BESS page on the Township website.

 

Can the draft ordinance be published for resident review?

Yes. Once it is ready for public review, the draft ordinance will be included in a Planning Commission meeting packet. That packet will be posted on the Township website and shared through Township social media so residents can review it.

For more detail on the Oshtemo ordinance development process, please see the “What is the current plan and timeline for the BESS ordinance?” section of the PA 233 and BESS page on the Township website.

 

Is there a plan to join with other Township and make our voice bigger? 

There has been discussion at the county level, but there is currently no coalition in place.

 

Why is solar not allowed in Industrial?

Large-scale solar is not currently allowed in the Industrial district under Section 60 of the Zoning Ordinance. Previous Planning Commissions and Township Boards determined that using significant acreage for solar arrays was not an efficient use of the Township’s limited industrial land.

 

Is there an environmental aspect that can be looked into? 

Yes. Environmental impacts are an important part of this discussion.

As draft zoning language is developed, staff and the Planning Commission are looking at options such as requiring an environmental impact statement, reviewing well and groundwater data, and consulting with state agencies like EGLE on wetlands and surface water. Any specific proposal would also need to meet existing environmental regulations and permitting requirements.

 

What exactly is PA 233? 

To read the full bill and access key points written in plain terms, please visit the “What is Public Act 233?” section of the PA 233 and BESS page on the Township website.

 

What about the already contaminated KL Ave dump site? 

Development restrictions on Superfund sites in Michigan are enforced at the state and federal level by agencies like the EPA and EGLE.

 

Can we post future Community Conversations?

We will continue to share important information from those meetings. Questions and answers will be added to this page and promoted through Township social media so residents can stay updated.

 

Why am I only finding out now if this has been in the works since last August? 

There is no formal application or project currently in process with the Township. In 2023, Sable Farms, LLC executed a lease agreement with New Edge Power for “land situated in the Township of Oshtemo, County of Kalamazoo, State of Michigan,” but that private agreement does not trigger a Township public hearing or formal review. It is simply a recorded transaction between two private entities.

Since the Township became aware of the agreement, we have shared information about battery energy storage and Public Act 233 through our website, social media, and multiple press releases to broaden the reach of this information.

 

What are the local leaders doing to ensure the residents' safety? 

We are working to put strong, defensible safety standards in place. The Township has hired a subject-matter expert to help develop zoning language based on science and best practices, so any local rules are more likely to hold up if challenged in court or reviewed by the MPSC. For a better picture of ongoing Township efforts, please visit the PA 233 and BESS page on the Township website.

 

Has the township been transparent with the community up to this point regarding the proposal?

There is currently no formal proposal or application before the Township. 

To date, we have actively shared information about battery energy storage and Public Act 233 through our website, social media, public meetings, and press releases. While the Township must avoid taking a formal position on a project that has not been submitted, so as not to “pre‑judge” an application and create legal issues, we are committed to providing clear information and opportunities for public input as this issue develops.

 

What can be done now to stop this? 

There is no formal project the Township can approve or deny right now, so there is nothing we can “stop” in the legal sense at this moment. Under PA 233, the most effective things residents and the Township can do now are:

• Develop strong, science‑based zoning standards that address safety, location, and environmental protection.
• Stay engaged: watch agendas, attend Planning Commission and Township Board meetings, and share specific, fact‑based input on draft language.
• Communicate concerns and priorities to county, state, and federal elected officials and to the MPSC.

For more detail on specific actions available to the Township and residents, please see the “What can the township and its residents do?” and “What is the current plan and timeline for the BESS ordinance?” sections of the PA 233 and BESS page on the Township website.

 

What is the Township getting in exchange for a dangerous battery plant?

There is currently no proposal for a battery facility before the Township.

If a project is proposed and ultimately approved under PA 233, the law provides for a community benefits agreement. That agreement can outline specific benefits or commitments for the host community, typically related to public safety, infrastructure, or other local priorities.

 

When will a draft of the ordinance be available for review? After residents receive the draft, how long will we have to review it? 

There is no urgency or fixed deadline. The Township has a moratorium in place (and it can be extended).

We hope to have a draft ordinance available for public review later this summer. It is expected to be several dozen pages long, and the Planning Commission will likely spend at least several meetings walking through it. Residents will be able to review the draft when it is published in the Planning Commission meeting packets on the Township website, and there will be opportunities for public comment during that process.

For more detail on the Oshtemo ordinance development process, please see the “What is the current plan and timeline for the BESS ordinance?” section of the PA 233 and BESS page on the Township website.

 

Does writing an ordinance give the impression that our Township is welcoming the battery plant? Is it better just to say “no” rather than put forth the impression that we are welcoming it with an ordinance? Is there anything in writing about this?  

This is a reasonable concern, and it’s something the Township Board is actively weighing. 

Having an ordinance can be seen in two different ways: 

• Some may view it as inviting this type of development.
• Others see it as the only way to set clear local standards for safety, location, and environmental protection if a project is proposed.

If the Township has no ordinance once the moratorium ends (and it is not extended), a developer could go directly to the MPSC under PA 233, and the Township’s role would be limited to participating in the state process. 

There is nothing in state law that says a township must adopt an ordinance, this is ultimately a policy decision for the Township Board, based on how they believe residents can be best represented and protected.

 

Who will review an application if one is received?  

If a formal application is received, Township staff and the Planning Commission will review it, but we do not intend to act as battery or scientific experts. The Township would hire an independent, neutral third-party expert to review technical materials and advise on the Township’s behalf. 

This expert would not be paid with local tax dollars. Their costs would be covered through Intervenor Funds available in the state contested-case process or via upfront escrow if they apply with the Township, so the financial burden does not fall on Oshtemo taxpayers. The expert would also be required to sign a conflict-of-interest agreement to ensure they represent only the Township’s interests.