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HB 6136

Businesses: other; Michigan zoning enabling act; make subject to the data center community benefit agreement act. TIE BAR WITH: HB 6137'26

2025-2026 Regular Session Introduced by Joey Andrews and 26 co-sponsors

Ties local zoning to a data center community benefit framework, requiring zoning actions to consider state data center benefit requirements and related energy and infrastructure st

bill electronically reproduced 06/25/2026
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Bill Summary · HB 6136

Overview

HB 6136 (2025-2026, Michigan) would amend the Michigan Zoning Enabling Act to explicitly subject local zoning ordinances to the Data Center Community Benefit Agreement Act, among other related updates. The bill ties its enactment to concurrent legislation (HB 6137) and would modify how zoning decisions interact with several other statutes and regulatory frameworks.

Main purpose and intent

  • Align local zoning regulations with requirements of the Data Center Community Benefit Agreement Act, ensuring that zoning actions consider data center-related community benefits.
  • Integrate referenced acts and frameworks to guide how zoning decisions address infrastructure, energy, and land-use considerations tied to data centers and related facilities.
  • Preserve existing state regulatory authority while outlining the new subject-to-language for data center community benefit considerations in zoning.

Key provisions and changes

  • Section 205(1) enumerates acts that a zoning ordinance is subject to, including:
    • The Electric Transmission Line Certification Act
    • The Regional Transit Authority Act
    • The Small Wireless Communications Facilities Deployment Act
    • Part 8 of the Clean and Renewable Energy and Energy Waste Reduction Act
    • The Data Center Community Benefit Agreement Act (newly referenced)
  • Section 205(2) clarifies that counties or townships do not regulate drilling of oil or gas wells outside their jurisdiction for permitting locations, drilling, completion, operation, or abandonment—preserving limits on local control over certain extractive activities.
  • Sections 3–7 (Section 205(3)–(8)) address:
    • Evaluation of extractive operations and mining considerations, including when such activity may be restricted by local ordinances.
    • Standards for determining “very serious consequences” related to mining extraction, drawing on Silva v Ada Township factors (land-use compatibility, impacts on property values, traffic, health and welfare, etc.).
    • Reasonable regulation of mining operations (hours, noise, dust, traffic) that is not preempted by specific natural resources laws, with an emphasis on fairness and reasonableness to accommodate legitimate mining activity.
    • Treatment of renewable energy projects with special land use approval after January 1, 2021 as prior nonconforming uses if construction has begun or certain expenditures have been made (10% of project construction costs or $10,000, whichever is less).
  • The act emphasizes that it does not limit state regulatory authority under other statutes or rules.

Affected entities and stakes

  • Local units of government (counties and townships) that administer zoning regulations.
  • Developers and operators of data centers and related energy/transmission infrastructure.
  • Stakeholders in renewable energy projects, mining, and land-use planning, given the interplay with nonconforming use treatment and mining standards.
  • General public interests in community benefits associated with data centers, as guided by the Data Center Community Benefit Agreement Act.

Procedural and timeline considerations

  • House Bill 6136 was introduced and referred to the Committee on Government Operations (June 25, 2026).
  • Provisions indicate a tie to HB 6137, meaning the full effect would likely depend on enactment of both bills.
  • Enacting section states the bill’s provisions take effect only if HB 6137 (or the corresponding Senate bill) is enacted into law.
  • The bill adds to the statutory framework in a way that may require local zoning administrations to coordinate with state-level standards and benefit agreements.

Potential impact and considerations

  • Could broaden the influence of data center-related community benefit requirements on local zoning decisions.
  • May increase the complexity of zoning compliance for facilities tied to data centers, energy, and infrastructure projects.
  • Strengthens alignment between local zoning and state-level policy goals around energy, infrastructure, and community benefits.
  • If enacted, may affect timelines for approvals where concurrent legislation (HB 6137) sets additional conditions or funding mechanisms tied to data center projects and benefits.

Note: As of the introduced form, the bill is contingent on the passage of HB 6137 and is introductory and subject to committee review.

Compiled from official sources — confirm details with the bill’s official record.

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