Businesses: other; Michigan zoning enabling act; make subject to the data center community benefit act. Amends sec. 205 of 2006 PA 110 (MCL 125.3205). TIE BAR WITH: SB 1050'26

2025-2026 Regular Session Introduced by Rosemary Bayer and 6 co-sponsors

SB 1051 adds the Data Center Community Benefit Act to the zoning review framework, requiring compliance when evaluating land-use decisions for data centers.

SENATE CO-SPONSOR(S) NAMED: SEAN MCCANN

#businesses:other

Summary of SB 1051 ( Michigan, 2025-2026 )

Purpose and intent

SB 1051 amends the Michigan zoning enabling act to explicitly subject zoning ordinances to the Data Center Community Benefit Act, alongside several other existing authorities. The bill ties the Data Center Community Benefit Act into the review framework for zoning decisions and identifies it as a governing framework that may regulate zoning actions, similar to other state statutes listed in the act.

Key provisions and changes

Inclusion of the Data Center Community Benefit Act in zoning review: Section 205(1)(e) adds “the data center community benefit act” to the list of statutes that a zoning ordinance must comply with or be subject to, alongside:

Electric transmission line certification act
Regional transit authority act
Small wireless facilities deployment act
Part 8 of the Clean and Renewable Energy and Energy Waste Reduction Act
Data Center Community Benefit Act

Other statutory framework elements retained:

The bill reiterates that counties or townships may regulate other resource extraction activities under certain conditions, including groundwater/energy extraction constraints and mining standards guided by Silva v. Ada Township factors.
It preserves local authority to regulate operating hours, blasting, noise, dust, and traffic, as long as regulations are reasonable and not preempted by other environmental acts.
It provides a provision regarding renewal energy projects that received special land use approval on or after January 1, 2021, treating them as prior nonconforming uses under specific construction expenditure criteria.

No substantive reform to permitting beyond (1): The primary substantive change is adding the data center community benefit act to the set of laws that shape zoning ordinance applicability and review. The rest of the provisions largely restate or clarify existing framework and weights for various land-use contexts.

Who/what is affected

Local governments: Counties and townships that administer zoning ordinances will need to ensure compliance with the Data Center Community Benefit Act when evaluating zoning actions for land use, including data center-related projects.

Developers and project proponents: Applicants for data center facilities or related developments may be subject to the benefits framework and requirements set by the Data Center Community Benefit Act as applied through zoning decisions.

Residents and communities: The act’s inclusion may influence community benefits, guidelines, and conditions attached to data center projects through local zoning processes.

Procedural and timeline aspects

Process: The bill was introduced on June 18, 2026, and referred to the Committee on Energy and Environment. It includes an enacting clause tied to SB 1050/26, indicating a tie-bar arrangement that requires consideration alongside that companion bill.

Effective date: The act’s effective date is contingent upon enactment of SB 1050; if SB 1050 does not become law, this act does not take effect.

Notes

The bill maintains objectivity by embedding the data center benefit framework within the existing zoning compliance structure rather than creating a standalone regulatory regime.

The text shows emphasis on alignment with broader land-use and environmental regulation standards, while clarifying that certain mining and energy-related regulatory authorities remain with local governments within defined limits.