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HB 4028

Energy: alternative sources; zoning exemptions for large-scale solar, wind, and energy storage facilities; eliminate. Amends title & sec. 13 of 2008 PA 295 (MCL 460.1013) & repeals pt. 8 of 2008 PA 295 (MCL 460.1221 - 460.1232). TIE BAR WITH: HB 4027'25

2025-2026 Regular Session Introduced by Greg Alexander and 49 co-sponsors

Repeals Part 8 of 2008 PA 295, ending MPSC certification and state preemption for large wind/solar/storage projects; local zoning returns; takes effect only if HB 4027 passes.

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Bill Summary · HB 4028

HB 4028 — Summary (Clean and Renewable Energy and Energy Waste Reduction Act — Part 8 repeal)

Status note: The documents provided include material from multiple jurisdictions sharing the number HB 4028. This summary focuses on the Michigan bill introduced in 2025 (sponsor Rep. Gregory Alexander) that would repeal Part 8 of 2008 PA 295 (MCL 460.1221–460.1232). Where relevant, cross-references to a companion bill (HB 4027) are noted.

Main purpose

To repeal Part 8 of the Clean and Renewable Energy and Energy Waste Reduction Act (2008 PA 295), which (as enacted in 2023) created a Michigan Public Service Commission (MPSC) certification process for certain large-scale wind, solar, and energy storage facilities and in many cases preempted local zoning and permitting authority for those facilities.

Key provisions / changes

  • Repeals Part 8 of 2008 PA 295 (MCL 460.1221–460.1232), removing the MPSC certification framework for large-capacity:
    • Wind energy facilities
    • Solar energy facilities
    • Energy storage facilities
  • Amends the act’s definitions (MCL 460.1013) to remove references tied to Part 8 (e.g., clarifying the meaning of “site” except as used in Part 8).
  • The bill is tied to HB 4027, which would remove cross-references in the Michigan Zoning Enabling Act (MCL 125.3205) that made local zoning ordinances subject to Part 8. HB 4027 would also remove language treating certain renewable energy special land use approvals (granted on/after Jan 1, 2021) as a protected prior nonconforming use when specified construction/expenditure thresholds had been met.
  • The enactment clause conditions the bill’s effect on enactment of HB 4027 (i.e., it does not take effect unless HB 4027 also becomes law).

Effected parties / practical impact

  • Local units of government (cities, townships, counties): would regain or retain primary land use and zoning authority over siting, permitting, and regulation of large-scale wind, solar, and energy storage projects that had been subject to MPSC certification and partial state preemption under Part 8.
  • Project developers and owners of large-scale renewable and storage facilities: would face local zoning and permitting processes rather than, or in addition to, state MPSC certification requirements — potentially increasing variability by locality.
  • Michigan Public Service Commission: would lose the Part 8 certification role and the preemptive authority that Part 8 provided for certain facility siting decisions.
  • Residents, landowners, and local stakeholders: local review and approval processes (public hearings, local standards) would become the controlling route for many projects that Part 8 covered.

Background

  • Part 8 and related changes to the Zoning Enabling Act were enacted by 2023 public acts (PAs 233–235), establishing an MPSC certification process intended to streamline siting of large renewable and storage projects and, in many circumstances, preempt conflicting local ordinances.
  • HB 4028 reverses that 2023 framework by repealing Part 8; HB 4027 contains complementary amendments to the Zoning Enabling Act.

Procedural / timeline highlights

  • Introduced: March 7, 2025 (documents also list January 28 / March dates in different printings).
  • Referred to committees for consideration; public committee activity and testimony occurred (committee hearing on May 9, 2025, per provided records).
  • The bill’s effective operation is conditioned on enactment of HB 4027 (tie-bar).

Fiscal impact

  • House Fiscal Agency: fiscal analysis in progress (no completed fiscal estimate provided in the summary document). Effects on state administrative workloads (MPSC workload changes) and local permitting costs are possible but not yet quantified.

Related/companion legislation

  • HB 4027 — amends Michigan Zoning Enabling Act to remove references to Part 8 and eliminate certain nonconforming-use protections for renewable projects; passage of HB 4027 is a condition for HB 4028 to take effect.
  • Legislative history references 2023 bills that originally added Part 8 (2023 PAs 233–235).

Prepared from House Fiscal/legislative summary materials provided by House staff.

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

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