By Shelby Stewart-Soldan
ssoldan@mihomepaper.com
Brandon Twp. — During a special meeting on Monday night, the Brandon Township Board of Trustees voted unanimously to pass a resolution to support local control and claim of appeal against the Michigan Public Service Commission order.
The Public Act in question, PA 233 of 2023, confers power to the Public Service Commission regarding where utility-scale solar energy facilities, wind energy facilities, and energy storage facilities can be placed, bypassing local zoning authority.
While Brandon Township did not join litigation led by Michael Homier, lead counsel representing Michigan municipalities trying to preserve local control, Homier did ask for support via resolution for the Coalition of Michigan Municipalities. In their appeal.
“We are just looking to support Mike in his claim of appeal to support local control against the MPSC as presented,” said Supervisor Jayson Rumball.
The resolution claims that PA 233 is unlawful and unreasonable. It also states that the window to file a claim of appeal was 30 days. The appeal was filed on Nov. 8, but the resolution states that due to the general election and other businesses, the township was unable to hold a meeting during the 30 days to consider joining the appeal.
Brandon Township along with many townships statewide are bulking at a contentious clean energy bill package that passed the Michigan House on Nov. 3, 2023 and the Senate on Nov. 8, 2023 which encroaches on local control in an effort to ensure renewable sources by 2040.
Area communities that established ordinances aimed at renewable solar and wind power facilities within their borders could face significant opposition by shifting permit decisions from local municipalities to state control. House Bills 5120 and 5123, would give the Michigan Public Service Commission the authority, not local governments, to allow new wind and solar farms in communities statewide. The Senate Bills passed are 271, 273, 502 and 277.
On Nov. 28, 2023, Governor Gretchen Whitmer signed House Bill 5120 (PA 233 of 2023) which provides siting authority to the Commission for utility-scale wind, solar, and energy storage facilities under specified conditions.
The repercussions of PA 233 have already been realized locally.
Groveland Township is currently battling Dallas-based Vesper Company who purchased property from an individual for a Battery Energy Storage System (BESS), a type of energy storage system that uses lithium batteries to store and distribute energy in the form of electricity at a later time.  Due to PA233, the MPSC decides, not Groveland, the location and ordinances regarding the BASS.