Michigan township fights against state law as Whitmer unveils data center pledge

The war over expanding energy and data infrastructure, a central battle consuming Michigan’s Capitol, courtrooms, and town halls, is between state control and local governance. Gov. Gretchen Whitmer, launching the Michigan Affordable and Responsible Growth Action Plan on July 15, is now asking data center companies to sign a pledge on costs, water use and grid impact while calling on state lawmakers to write existing safeguards into law. Meanwhile, a rural community of roughly 3,300 people in St. Joseph County, is calling on state lawmakers to do more than that. The Fabius Township Board of Trustees unanimously passed a resolution calling on Lansing to hand control back to the local leaders. Board Supervisor Dan Wilkins said it stems from experience. A solar array and battery energy storage system (BESS) project is moving forward on farmland in the township, despite vocal pushback from township officials and many residents. Fabius Township adopted a solar ordinance around 2020, he said, hoping to get ahead of development, only to see much of that local authority later stripped away. The Renewable Energy Act, (PA 233 and PA 235), passed in 2023, is meant to streamline large-scale renewable energy projects in Michigan, to reach a goal of 100% carbon-free energy by 2040. It gives developers the option to go to the state for approval of related projects, superseding local decisions. "It took it out of our hands to the point where we pretty much got stuck with what we got stuck," Wilkins said. A roughly 178-megawatt solar array paired with a 122-megawatt BESS is officially slated for land near the M-60 corridor, west of Three Rivers. Led by EDP Renewables, under the name Three Lakes Solar and Battery Storage, the development involves more than 50 land owners who have signed over their private land, according to Director of Development Ali Stano. "The solar project is water under the bridge,” said Wilkins. However, Wilkins and his fellow board members are now trying to bridge the gap between what residents want and what local representatives can do on their behalf, for the future. “It could be for a solar project in a different community,” Wilkins said. “But in my mind, this has more to do with data centers for us.” Layered on top of state renewable energy laws, are separate tax incentives. Gov. Whitmer signed House Bill 4906 (Public Act 207 of 2024) and Senate Bill 237 (Public Act 181 of 2024), exempting qualifying "enterprise" data centers from the state's 6% sales and use tax on equipment through at least 2050. Wilkins said those incentives have been a driving force behind developers eyeing Michigan as a place to build. More than a dozen Michigan communities have adopted moratoriums on data center development in recent months, including many in Southwest Michigan. Wilkins said Fabius has decided to take a different, strategic approach. “We’re not going to have an ordinance for data centers ready to go if somebody shows up," he said. "There would probably be a moratorium... we're not going to have an open-ended one." No developer has approached Fabius Township about a data center as of this report, he said. “I’m just fed up. That’s what comes up. I’m fed up with it and I’ve had enough,” Wilkins said. The new data center plan launched by Whitmer has two parts. First, asking the Legislature to codify, in state law, data center protections adopted by the Michigan Public Service Commission (MPSC), regarding residential electric rates and clean energy requirements. https://wwmt.com/news/local/township-data-center-bess-law-solar-wind-renewable-energy-michigan-state-law-lansing-whitmer-fabius-st-joseph-county-michigan-pledge-develop-wwmt _______________ Stay up to date with our social media: WWMT on Facebook: https://www.facebook.com/wwmtnews WWMT on Twitter: https://twitter.com/wwmtnews Subscribe to WWMT on YouTube: https://www.youtube.com/channel/UCAYwomlsmN0DsPeeumEKFXg/?sub_confirmation=1 WWMT Daily News Digest: https://www.youtube.com/playlist?list=PL-oNVYSgKM8IBYJOY5M-p37vKcILekLNz For more information, visit https://www.wwmt.com/ Have a news tip? Send it directly to us: Email us: desk@wwmt.com Call the Newsroom: 800.875.3333 WWMT is a MI based station and a CBS Television affiliate owned and operated by Sinclair Broadcast Group. Sinclair Broadcast Group, Inc. is one of the largest and most diversified television broadcasting companies in the country today. #WWMT #NEWSCHANNEL3 #Kalamazoo #Michigan