Below is a Resolution unanimously passed by the Township board this week. It reflects the Townships position on 4 house bills designed to strip local municipalities of all zoning and site plan reviews for large scale wind and solar projects.
Township of Kimball, St Clair County
Resolution 23-13
Opposition to House Bills, 5120, 5121, 5122 and 5123
Whereas, the State of Michigan House of Representatives has proposed legislation as house bills HB5120, HB5121, HB5122, HB5123; and
Whereas, said House Bills will grant the Michigan Public Service Commission as the sole regulating authority on solar and wind projects, and
Whereas, there is no analysis of compatibility with Kimball Township’s existing local land use plans, and
Whereas, the preemption of local control will leave Kimball Township unable to determine requirements such as location, size, setback distance, decibel levels, and other criteria normally granted to the Township, and
Whereas, although the proposal includes setbacks, we believe the proposed legislation lacks necessary setbacks to protect residential areas, and
Whereas. proposed legislation has no cap on the amount of property that could be utilized for solar and wind projects, and
Whereas, the proposed legislation has limited provisions on what must be included in a site plan, leaving requirements up to the Michigan Public Service Commission which has experience in rate establishment but none in site plan permitting or approval, and
Whereas, the proposed legislation has an insufficient decommissioning plan with a lack of necessary funding for the decommissioning of solar and wind farms, and
Whereas, there is no requirement for a local host agreement to cover costs that may be incurred by Kimball Township, such as infrastructure or public safety. And
Whereas, the proposed legislation requires that Kimball Township provide a public notice and a public hearing for a project that the Township has no authority, and
Whereas, the proposed legislation lacks a requirement that State officials responsible for the approval and oversight of such projects attend the required public meeting, and
Whereas, the legislation does not contain provisions that will protect property owners against eminent domain,
NOW, THEREFORE BE IT RESOLVED, that the Kimball Township Board of Trustees does oppose this legislation.
