Group gets OK to collect signatures to restore local control over solar, wind permits 

A citizens initiative seeking to restore local control over large-scale wind and solar projects in Michigan can begin collecting signatures after gaining approvals Friday for a petition that would repeal a newly minted law transferring permitting authority to the state.

The Michigan Board of State Canvassers on Friday voted to approve the 100-word summary and the form of the petition initiative, hurdles that needed to be cleared before the group could begin collecting signatures from voters. The ultimate summary approved Friday was a compromise agreed to by both the sponsor of the petition and opposition.

Citizens for Local Choice has 180 days from the day they start gathering signatures to collect 356,958 valid signatures to win the proposal a spot on Michigan’s ballot. The group has an even shorter timeline to meet a May 29 signature deadline if it wants to qualify for the November 2024 ballot; if it misses the May 29 window, the group will have to wait until November 2026.

Individuals speaking in support of the measure Friday argued state lawmakers usurped local control in their effort to pursue clean energy goals for Michigan without regard to the work that’s been done at the local level to set ordinances governing the solar and wind permitting process.

“They took that away from us,” Mike Brown told canvassers Friday. “They will not use our ordinance because it does not exactly match what the state is asking for. And what the state was asking for was the bare minimum.”

Our Land Our Rights, an opposition group backed by the Michigan League of Conservation Voters, argued the ballot proposal actually usurped the rights of private property owners who want to lease their lands for the solar and wind farms.

“It’s important that we have these facilities in the state,” said attorney Mark Brewer, who represented Our Land Our Rights. “It will reduce pollution, improve the public health, provide a lot of jobs and financial benefits to local communities.”

The fight over who controls siting decisions related to large-scale solar and wind projects has been brewing for several years as many Michigan townships, cities and counties have set zoning policies and regulations that effectively block or limit major wind and solar projects within their borders. Local officials who have voted in favor of allowing solar and wind projects have found themselves subject to recall efforts.

The Democratic-led Legislature and governor – who are pushing for more renewable energy options in the state – have said the state’s involvement would resolve delays, debate and litigation at the local level, where many projects were being refused permits. It also would clear the way for companies seeking to comply with the state’s renewable energy goals.

The laws passed largely along party lines in the Legislature in the fall take decision-making power out of the hands of local governments and give that power to the three-member, governor-appointed Michigan Public Service Commission.

In packed committee hearings ahead of the votes, critics argued the state had no right to assume authority over local, large-scale renewable projects that has so far been reserved to local government bodies; others argued their own right to sell or lease farmland to energy companies was being inhibited by local governments’ refusal to allow solar or wind projects.

Michigan Public Service Commission Chairman Dan Scripps has said Michigan likely needs about 209,000 additional acres of land, about 0.55% of Michigan’s land, for wind and solar power generation to meet its 60% renewal energy goal by 2035. The state already has about 17,000 acres already occupied by wind and solar operations.

The 100-word summary approved Friday describes the proposed initiative as such:

Initiation of legislation to: amend the clean and renewable energy and energy waste reduction act by repealing statewide requirements for the construction and development of certain wind and solar energy facilities and energy storage facilities, including: assessment of environmental, natural resources, and farmland impact; wages and benefits requirements for workers; setback distance; size and height of structures; and amount of light and sound emitted. If enacted, this proposal would allow local units of government to determine their own standards for such facilities.