PA 233 and BESS

As Oshtemo Township staff and elected officials respond to Public Act 233 affecting local planning and zoning, this page will function as an information library for interested residents.

If you have additional questions or concerns, please contact us by email, phone or through the contact form on the township website.

View the agenda and packet for the April 9 Planning Commission meeting.

Please note: This webpage is updated as additional information becomes available. It was last revised on April 7, 2026.

What is Public Act 233?

Effective November 29, 2024, this law updates Michigan’s renewable energy rules and adds a state-level certification process for large wind, solar, and energy storage projects.

Read the full bill

Key points, in plain terms:

New statewide permit process for large solar, wind, and battery storage projects

Large solar (≥50 MW), wind (≥100 MW), and battery storage (≥50 MW with ≥200 MWh) projects can attain state certification from the Michigan Public Service Commission (MPSC) instead of local approval.

Developers apply before building; the MPSC must decide on a complete application within one year.

What developers must do before building

Talk to the community: hold public meetings in every community affected, notify officials, and publish clear notices.

Study and explain site impacts: Present a site plan, describe environmental effects, list how they’ll handle stormwater, fire and emergency response, and consult state agencies.

Safety and technical rules: follow noise limits, lighting and aviation rules, and minimum required setback distances from homes, roads, and other structures.

Money set aside for cleanup: submit a plan to remove equipment when the project ends and provide financial assurance (bond, company guarantee, or letter of credit). The security must reach full amount by year 10 (25% at operation start, 50% by year 5, 100% by year 10).

Small grant when applying: each affected community gets up to $75,000 (max $150,000 total) to help pay for local intervention in the MPSC review process. Any unused grant funds must be returned.

Key Standards under PA 233 (Section 226(8))

Setbacks (to perimeter fencing):

300 feet from dwellings on non‑participating properties
50 feet from public rights‑of‑way
50 feet from shared property lines

Noise

Maximum 55 decibels at the nearest dwelling
Per Yale Decibel Level Comparison Chart, this is the equivalent of a household refrigerator.

Fencing

Security fencing required

Decommissioning

Plan must include equipment removal and site restoration

Fire and Life Safety

NFPA 855: Energy storage system fire safety, ventilation, and emergency response

NFPA 70 (NEC): Electrical

NFPA 13: Sprinkler systems or alternative fire suppression method

NFPA 72: Fire alarm and signaling

NFPA 101: Life safety

Environmental Oversight

Michigan Environment, Great Lakes, and Energy (EGLE): Hazardous waste, air emissions, and emergency planning compliance (Source: michigan.gov)

Community payments or benefits

Host Agreement: Before operation, the developer must pay each affected community $2,000 for each MW of capacity inside that jurisdiction (used for police, fire, infrastructure, etc.).

If the town won’t accept a host agreement, the developer must instead sign a community benefits deal with local nonprofit or community group that provides at least the same money and prioritizes local needs (jobs, training, environmental projects, parks, grants).

State review, conditions, and local rules

State review: the MPSC runs a public, contested review where local government and property owners can participate. The commission can require extra conditions to reduce local impacts (for example, pollinator habitat, better ground cover, or community improvements).

Local rules after a state certificate: if the state issues a certificate, that decision overrides local rules that are stricter than the certificate’s terms, meaning the project can move forward even if local ordinances would otherwise block or add tougher limits.
Other permits are still required: a state certificate doesn’t replace needed federal or other state permits and does not give the developer the power to take property by eminent domain.

What does all this mean?

The state can approve large solar, wind, and battery projects when local rules are stricter than PA 233. Developers must hold public meetings, notify officials, and share project details. Projects must meet minimum safety, noise, lighting, and setback standards, as well as file emergency and decommissioning plans that include financial assurance. Developers pay communities $2,000 per MW for community benefit (police, fire, infrastructure, etc.). Adjacent landowners can participate in the state review, and local governments can submit resident comments for consideration.

What is currently happening in Oshtemo?

A lease agreement is in place between private parties that may result in a large-scale Battery Energy Storage System (BESS) being constructed. Residents are deeply concerned about community safety, environmental impacts, and the loss of local land-use control.

The April 9, 2026, Planning Commission meeting will feature an educational session on PA 233. Guest speakers from the Michigan Public Service Commission (MPSC), the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and the U of M Graham Sustainability Institute will provide brief presentations, followed by questions from the Planning Commission, and include an opportunity for public comment. These briefings are intended to help township officials, staff, and residents better understand PA 233 so our community can make informed decisions. All are welcome.

What is a large-scale Battery Energy Storage System (BESS)?

A large-scale BESS is a utility grade installation that stores and dispatches large amounts of electricity, typically tens to hundreds of megawatts (MW) of power and hundreds to thousands of megawatt hours (MWh) of energy. It includes multiple battery racks, inverters, transformers, control systems, cooling/fire suppression, and grid interconnection equipment. They can be dedicated facilities or co-located with solar/wind farms.

How does it work?

It charges large, interconnected batteries when electricity is cheap or abundant and discharges power on demand. A battery management system monitors cells while an energy management system schedule charging/discharging for services like peak shifting, frequency regulation, backup power, and grid support.

Core Components:

Battery Cells: Most commonly lithium-ion; alternatives include lead-acid, sodium-sulfur, and flow batteries.
Power Conversion System (PCS): Converts DC (battery) to AC (grid) and vice versa.
Battery Management System (BMS): Monitors health, temperature, and charge/discharge cycles.
Safety Systems: Fire suppression, ventilation, sensors, alarms.

Pros of BESS:

Grid Stability: Provides frequency regulation, voltage support, and peak shaving.
Renewable Integration: Stores intermittent solar/wind energy for dispatch when needed.
Cost Savings: Enables load shifting and reduces reliance on expensive peaker plants.
Environmental Benefits: Reduces fossil fuel use and greenhouse gas emissions.
Flexibility: Scalable for residential, commercial, and utility-scale applications.

Cons of BESS:

High Upfront Costs: Installation and infrastructure remain expensive despite falling battery prices.
Limited Lifespan: Batteries degrade over time; typical life is 10–15 years.
Safety Risks: Lithium-ion batteries can catch fire (thermal runaway) and emit toxic gases.
Environmental Concerns: Mining for lithium/cobalt and battery disposal pose ecological challenges.
Regulatory Barriers: Integration into energy markets requires clear policies.

What are the key safety concerns?

Thermal runaway
Lithium‑ion cells can overheat and enter thermal runaway, causing intense fires that can propagate between cells, modules, and containers.

Gas generation
Flammable gases can accumulate in enclosures and explode, causing structural damage and injuries.

Toxic gas emissions
Events can release HF, CO, VOCs, and other toxic/corrosive gases dangerous to residents and responders even without visible flames.

Electrical hazards
High‑voltage DC systems pose shock, arc‑flash, and persistent fault risks if insulation, isolation, or protection are inadequate.

Mechanical damage and environmental hazards
Mechanical impact, water ingress, corrosion, temperature extremes, and poor siting can degrade equipment, and trigger faults or fires.

Software and protection failures
BMS, inverter, or relay malfunctions/misconfigurations can disable protections or allow unsafe operation, increasing risk of thermal or electrical events.

Emergency response challenges
BESS fires can be long‑duration and difficult to extinguish with complex ventilation and cooling needs.

Decommissioning and recycling hazards
Aging or damaged batteries pose risks during removal, transport, storage, and recycling.

Chemistry‑specific hazards
Current large-scale battery chemistry hazards include thermal runaway, corrosive and toxic gases, stranded energy, high operating temperatures, highly reactive to water, and spill/leak containment issues.

What can the township and its residents do?

The township has three realistic options once a developer has chosen a potential project site.

State-Level Certification (MPSC): If no township zoning changes to allow BESS are made, site certification shifts to the state-level permitting process. Subject to PA 233 requirements. Projects will have permissive standards.

What does state-level certification look like?(PDF, 52KB)

Compatible Renewal Energy Ordinance (CREO): Projects permitted through local ordinance constrained by PA 233, which is very permissive.

What does a CREO look like?(PDF, 54KB)

Workable Incompatible Ordinance (WIO): Projects permitted by local zoning ordinance. Stricter than a CREO but will inherently make room for a BESS project. Ideally approval stays local, but there is no guarantee. Each WIO is unique to the municipality and would apply to any/all proposed projects. If deemed too strict for reasonable development, approval will likely shift to MPSC for state-level certification.

What does a WIO look like?(PDF, 52KB)

Note: On November 25, 2025, the township adopted a one-year moratorium on energy storage development. This allows time for the Planning Commission to review current state and national standards, learn from other communities’ experiences, and arrange for independent subject-matter experts to provide technical information on safety, environmental considerations, and best practices for siting and oversight.

However, this has potential to move the project to state-level certification more quickly.

What possible zoning requirements are being considered by the township?

While this list has not yet been vetted by the Planning Commission, additional requirements, standards, and restrictions may include:

Battery chemistry that meets satisfactory safety standards.

Larger setbacks from the street, property lines, homes on nearby properties, and sensitive land uses.

Lower decibel limits.

Proposing BESS as a special land use which requires public hearing.

Where a BESS can be located.

What else is the township doing?

Township staff continue to monitor developer actions, conduct research on BESS, and monitor ordinances and moratoriums being created in other communities as an Oshtemo local ordinance draft is refined.

Article on Comstock Planning Commission BESS Ordinance

Based on NFPA 855 standards, the Oshtemo Fire Department has completed a review of safety and emergency-response procedures and tactics for large-scale BESS facilities.

The April 9 Planning Commission meeting will include guest speakers from the Michigan Public Service Commission (MPSC), the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and the U of M Graham Sustainability Institute. These experts will provide brief presentations, followed by questions from the Planning Commission, and include an opportunity for public comment. All are welcome.

As an Oshtemo resident, what can I do?

Residents can reach out to their township, county, state, and federal elected officials, as well as the MPSC with questions and concerns.

Who are my federal, state, and county elected officials?

Who are the township elected officials?

Oshtemo Township Department & General Contact Form

How do I contact the Michigan Public Services Commission?

How do I contact the Michigan Department of Attorney General?

Are there currently any court cases in Michigan?

On November 8, 2024, a group of 72 townships and 7 counties in Michigan filed an appeal in the Michigan Court of Appeals challenging the MPSC’s Order.

Parties and Attorneys to the Case - COA 373259

Interpretation from Columbia Law School

What is the current plan and timeline for the BESS ordinance?

Note: On November 25, 2025, the township adopted a one-year moratorium on energy storage development. This allows time for the Planning Commission to review current state and national standards, learn from other communities’ experiences, and arrange for independent subject-matter experts to provide technical information on safety, environmental considerations, and best practices for siting and oversight.

However, this has potential to move the project to state-level certification more quickly.

Why is the township writing an ordinance?

Effective November 29, 2024, Public Act 233 updates Michigan’s renewable energy rules and creates a state-level certification process for large-scale wind, solar, and energy storage projects.

The township does not currently have an energy system ordinance that would regulate a Battery Energy Storage System (BESS) but is developing a Workable Incompatible Ordinance (WIO) to protect residents and support long-term land use planning goals.

PA 233 outlines the township’s options: adopt a Compatible Renewable Energy Ordinance (CREO), a Workable Incompatible Ordinance (WIO), an Incompatible Ordinance, or remain silent and allow proposals to proceed directly to the MPSC contested case process.

Compatible Renewal Energy Ordinance (CREO): Projects permitted through local ordinance constrained by PA 233, which is very permissive.

What does a CREO look like?

Workable Incompatible Ordinance (WIO): Projects permitted by local zoning ordinance. Stricter than a CREO but will inherently make room for a BESS project. Ideally approval stays local, but there is no guarantee. Each WIO is unique to the municipality and would apply to any/all proposed projects. If deemed too strict for reasonable development, approval will likely shift to MPSC for state-level certification.

What does a WIO look like?

State-Level Certification (MPSC): If no township zoning changes to allow BESS are made, site certification shifts to the state-level permitting process. Subject to PA 233 requirements. Projects will have permissive standards.

What does state-level certification look like?

What does the process look like?

Planning department staff will advise the planning commission by providing a draft ordinance based upon research, professional expertise, and technical analysis. Once finalized, the draft will be presented to the planning commission at a public meeting(s). After a formal public hearing, the draft will be then forwarded to the township board for discussion, possible revision, and eventual approval or denial.

The process may include guest experts, consultants, research and data, and mapping to help inform the planning department and planning commission, as well as intense legal review and scrutiny before being considered for approval. This part of the process is currently underway.

What does the Oshtemo ordinance development process look like?(PDF, 235KB) (PDF, 232KB)

Who is doing this work?

Planning Department Staff

Jodi Stefforia, Planning Director
Over 30 years of experience in land use planning and zoning at the local level.
Master of Urban and Regional Planning, Michigan State University
Bachelor of Arts in Public Administration, cum laude, Western Michigan University
Member of American Planning Association and Michigan Association of Planning

Colten Hutsen, Zoning Administrator
Six years of experience in land use planning and zoning at the local level.
Bachelor of Science in Community and Regional Planning, cum laude, Western Michigan University
Member of Michigan Association of Planning.

Leeanna Harris, Zoning Administrator
Joined Oshtemo Township Planning Department in July 2023.
Master of Urban and Regional Planning, Michigan State University
Bachelor of Science in Urban and Regional Planning (with honor) with a minor in Cities: Environment, Design, and Society, Michigan State University
Member of American Planning Association and Michigan Association of Planning

Planning Commission
Alistair Smith
Deb Everett
Ron Ver Planck
Jeremiah Smith
Michael Chapman (township board liaison)
Scot Jefferies
Grace Engels
Jodi Stefforia (staff)
Jim Porter (staff attorney)

Research Phase

Planning department staff are actively gathering information to prepare an informed draft ordinance. Work to date includes:

Researching energy storage systems, emerging changes in technology, and industry best practices.

Reviewing ordinances from peer communities both within and outside Michigan.

Scheduling guest speakers and subject-matter experts.

April 9: Planning commission meeting will include guest speakers addressing PA 233 from the Michigan Public Service Commission (MPSC), the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and the U of M Graham Institute of Sustainability

View the agenda and packet for the April 9 Planning Commission meeting.

Future meetings: Subject matter expert(s) are being sought to speak to the science, technology, safety measures, best practices, and what provisions to add to strengthen the draft ordinance to protect the residents and landowners of the township.

Stakeholder Engagement

This phase could include presentations, a listening session, as well as opportunities for input through public comment at a public meeting or an online survey or comment form.

Draft Ordinance Language

The township board’s preferred regulatory approach is a WIO. An initial draft was prepared in 2024 with provisions such as larger setbacks, lower decibel thresholds, greater separation from sensitive land uses, and a public hearing requirement. A revised version was included in the February 13, 2025, and January 22, 2026, planning commission meeting packets.

Since then, staff have significantly revised and updated the draft based on ongoing research and an evolving understanding of the topic and appropriate regulatory approach. Planning and legal staff are engaging subject matter experts to advise on best practices, refine ordinance language, and elevate expectations of any development that may be proposed in the future.

With prior review by the township attorney, the planning department will present a revised draft to the planning commission later this year, which may lead to further refinement.

Public Review

The draft ordinance and FAQ will be posted on the township website.

Residents can participate in public meetings while the draft ordinance is being considered as well as submitting written comments.

Planning Commission Process

The commission will review drafts of the ordinance, take public input, then deliberate, and may offer possible revisions at public meetings.

This will include a summary of research and public engagement, consideration of key ordinance provisions, and evaluation of consistency with the Oshtemo 2045 Comprehensive Plan and preferred legal framework.

When satisfied with the ordinance language and after a public hearing, the planning commission will send it to the township board for consideration of adoption.

Township Board Adoption

Presentation

This will include a presentation of the planning commission’s recommended draft ordinance.

Board Action

This will include board discussion, opportunity for additional public comment at first reading and second reading, and consideration for adoption (or denial). If the township board desires changes, the ordinance will be sent back to the planning commission to consider the changes.

Implementation & Evaluation

The zoning ordinance will be updated to reflect the new regulations.

Industry-expert neutral third-party(s) will be put on retainer to review future proposals and advise township staff on completeness, compliance with local, state, and federal regulations, and industry best practices. Related township costs will be covered by developers through application fees and required escrows.

* This plan and timeline may evolve as the ordinance moves through the process and additional information becomes available.

Timeline of Events

2023

Public Act 233 passed, limiting local control over utility scale solar, wind, and energy storage by allowing the Michigan Public Service Commission (MPSC) to assume authority and approve such projects.
Per official land record filed with the Kalamazoo County Clerk, Sable Farms, LLC, executed a lease agreement with NewEdge Power for “land situated in the Township of Oshtemo, County of Kalamazoo, State of Michigan.”

2024

The Planning Commission discusses Public Act 233, views a Renewable Energy webinar put on by the Michigan Association of Planning, and directs Township Planning Department to develop a Workable Incompatible Ordinance (WIO).

Township Planning Department staff begin drafting a WIO with provisions under consideration including larger setbacks, lower decibel thresholds, increased separation from sensitive land uses, and public hearing.
PA 233 took effect November 29, one year after adoption by the State of Michigan legislature.
In response to PA 233 and taking place in open session, the Oshtemo Charter Township Board considered a resolution to “support local control and claim of appeal against Michigan Public Service Commission order.”

2025

Township Board officially adopted the resolution to “support local control and claim of appeal against Michigan Public Service Commission order.”

FIRST DRAFT of a WIO was included in the February 13 Planning Commission meeting agenda packet beginning on page 27, which was publicly posted. Because earlier agenda items prompted extensive discussion, the meeting adjourned before the Planning Commission could consider the energy systems item.

Since that time, significant work has been done to revise and update the draft ordinance in light of continued research and an evolving understanding of the subject matter.

Read the February 13 meeting agenda packet

NewEdge presented to the Oshtemo Planning Commission on BESS technology, development process, safety measures, and community benefits.
Township received a letter from NewEdge indicating they are not eligible to file for an application until Q3 2026. This is due to changes at the Midcontinent Independent Systems Operator (MISO), the organization that manages the electrical grid in Michigan and 14 other states.
On November 25, 2025, the township adopted a one-year moratorium on development, which includes everything up to and including the acceptance of an application. This allows time for the Planning Commission to review current state and national standards, learn from other communities’ experiences, and arrange for independent subject-matter experts to provide technical information on safety, environmental considerations, and best practices for siting and oversight.

2026

The April 9 Planning Commission meeting will include guest speakers from the Michigan Public Service Commission (MPSC), the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and the U of M Graham Sustainability Institute. All are welcome.

Notes:

If a developer declines to comply with local zoning restrictions, the project moves to the MPSC contested-case process, where a site certificate for a utility-scale BESS project is either approved or denied.

Oshtemo Township has no zoning language in place to include BESS development. As such, the township cannot receive an application from NewEdge or any developer for a BESS project.

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