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States Seek Power to Override Local Restrictions on Green Energy Projects

Clara Ostrander walks in her family's field in Maybee, Mich., Tuesday, Jan. 9, 2024. The family sought to lease some of the property for a solar energy project that would have paid enough to help them

Clean energy development in the United States has been facing significant hurdles due to local restrictions on renewable energy projects. A recent study conducted by the Sabin Center for Climate Change Law at Columbia University revealed that as of May 2022, more than two dozen utility-scale renewable energy projects in Michigan were derailed due to local opposition. This trend is not limited to Michigan, as at least 228 restrictions in 35 states have been imposed to impede the progress of green energy initiatives.

The conflicts arising from these restrictions have posed challenges to states' ambitious timelines for transitioning to cleaner energy production. States like Michigan are now seeking to shift the decision-making process by granting themselves the power to supersede local restrictions and approve the locations for utility-scale projects. However, this move has sparked a political backlash, as many argue that local officials are closest to the concerns of their constituents and should be the ones making decisions regarding land use and nearby development.

One of the major issues surrounding local opposition to renewable energy projects is a fear of change and the spreading of misinformation about wind turbines and solar panels. Some residents, particularly those who have moved from urban areas to rural regions, express a desire to preserve the views and aesthetics of their surroundings. Additionally, concerns about the potential impact of large turbines or solar farms on the environment and public health have also been raised.

Clara Ostrander stands in her family's field in Maybee, Mich., Tuesday, Jan. 9, 2024. The family sought to lease some of the property for a solar energy project that would have paid enough to help them keep their land. Local opposition tanked the project and Ostrander now says there are neighbors she will never speak to again. (AP Photo/Paul Sancya)
Clara Ostrander walks in her family's field in Maybee, Mich., Tuesday, Jan. 9, 2024. The family sought to lease some of the property for a solar energy project that would have paid enough to help them keep their land. Local opposition tanked the project and Ostrander now says there are neighbors she will never speak to again. (AP Photo/Paul Sancya)
FILE - Wind turbines are scattered across farmland near Port Austin, Mich. Dec. 3, 2014. More than a dozen states have given themselves the power to override local zoning restrictions blocking large-scale renewable energy projects. The decisions come as some states implement ambitious goals requiring utility providers to generate 100% carbon-free energy by 2040. (AP Photo/John Flesher, File)
Giving states the power to site projects clashes with local officials' accountability.
FILE - Solar panels are seen at the DTE O'Shea Solar Park work in Detroit, Nov. 16, 2022. More than a dozen states have given themselves the power to override local zoning restrictions blocking large-scale renewable energy projects. The decisions come as some states implement ambitious goals requiring utility providers to generate 100% carbon-free energy by 2040. (AP Photo/Paul Sancya, File)

However, proponents of renewable energy argue that local restrictions often disregard the benefits that these projects can bring. Elise Caplan, Vice President for Regulatory Affairs at the American Council on Renewable Energy, points out that green energy facilities can have positive effects by replacing fossil fuel-based power plants and contributing to local environmental improvements.

In Michigan, where more than 1,200 townships have the authority to establish and enforce zoning ordinances, 20 counties have already passed ordinances that hinder the development of wind or solar projects. To expedite the state's transition to renewable energy, Michigan lawmakers and Democratic Governor Gretchen Whitmer passed legislation granting the Michigan Public Service Commission the power to site large-scale renewable energy projects. This move allows the commission to override local restrictions and approve projects that meet the state's criteria.

While the new law gives the commission the authority to site projects, developers still need to go through local communities for project approval. If a project is denied by the local authorities but meets the state's criteria, the Michigan Public Service Commission can exercise its power and approve solar projects with a capacity of 50 megawatts or greater, as well as wind projects with a capacity of 100 megawatts.

Similar shifts in decision-making authority have occurred in other states as well. Illinois passed a law in 2023 that limits local authorities' power and bans moratoriums on clean-energy projects. State boards or agencies also control decisions about project siting in states like California, Connecticut, New York, and Rhode Island, according to the Columbia University study. In some cases, local rules can be bypassed by the state in Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Florida, and South Dakota.

However, local government groups in Michigan have strongly opposed the new law granting the state authority to site projects. They argue that it eliminates the ability of local officials to represent and respond to the concerns of their communities, creating a 'one-size-fits-all' process. A group called Citizens for Local Choice, which includes four state lawmakers, has announced its intention to gather enough signatures to put the issue before Michigan voters in November.

The clash between state and local authorities regarding renewable energy project siting highlights the tension between the need for a rapid transition to clean energy and the desire to maintain local control over land use and development. Proponents of local decision-making argue that it allows citizens to have a voice in determining the future of their communities. However, proponents of state-level authority argue that certain projects of statewide significance should not be vetoed solely based on local concerns.

As the United States strives to achieve its clean energy goals, finding a balance between state and local authority will be crucial. While state-level decision-making may facilitate the implementation of large-scale renewable energy projects, it is essential to ensure that local communities have input and are not left feeling marginalized. Ultimately, collaboration between state and local authorities, as well as effective communication with the public, will be key to successfully transitioning to a cleaner energy future.

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