PA 233 and BESS

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): 

Noise 

Fencing 

Decommissioning 

Fire and 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.

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 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.

  However, this has potential to move the project to state-level certification more quickly. Please refer to the state-level certification link above for more information on that process. 

   

What possible zoning mandates 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, whether the draft ordinance will include the Agricultural, Rural Residential, and Industrial zoning districts.

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

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.