Gov. Gretchen Whitmer could lose the most powerful tool her administration has to force a statewide transition from fossil fuels to renewable energy.

Legislation pending in the Republican controlled House aims to reverse a controversial 2023 law approved by Democrats that allows utility scale wind, solar, and battery storage projects to circumvent local zoning approvals.

The law that went into effect in November creates a mechanism for developers facing local opposition to gain approvals directly from the Michigan Public Service Commission, which is comprised of three members appointed by Whitmer.

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The change is intended to bolster the governor’s goal of achieving 100% carbon neutrality by 2050 at a time when many local governments face strong public opposition to renewable energy projects.

“People in many areas of the state, including in our region, are clear that they don’t want this type of development in their communities and feel these laws established the heavy hand of government directly into their lives,” Rep. Greg Alexander, R-Carsonville, the sponsor of the two-bill package, said in a statement.

“Local communities should have the final say on whether they want wind and solar sites within their borders,” he said. “The Michigan Green New Deal that was imposed on local governments last session stripped locals of their authority to make such decisions and it amounted to a total lack of respect for the will of the people.

“I am working to rectify that wrong and bring this back to where the public has a say,” Alexander said.

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The lawmaker notes more than 200,000 acres are required to meet Whitmer’s “accelerated and impractical energy mandates.” Michigan currently has 17,000 acres occupied by wind and solar, and rural areas will likely be the target for the expected growth, he said.

Folks looking to cash in on Whitmer’s forced energy transition are not excited about Alexander’s legislation – House bills 4027 and 4028.

“Overturning this new process, before its even had time to be used, would strip landowners of their property rights and deprive Michigan communities of much needed revenue streams,” Laura Sherman, president of the Michigan Energy Innovation Business Council that represents renewable energy developers, told MLive.

Monroe County resident Clara Ostrander, who faced local restrictions on a planned solar project on her land, alleged Alexander’s legislation “would take away a property owner’s right to a vital source of income.”

The bills come as 75 counties and townships are pursuing a lawsuit against Whitmer’s MPSC that aims to vacate the commission’s order implementing the new rules.

Michael Homier, an attorney with the Foster Swift law firm representing the plaintiffs, applauded HB 4027-28 in a recent statement.

“These bills send a clear message: Michigan communities should not have to rely on appointed state bureaucrats who think they know better deciding where renewable energy facilities should be located in individual unique communities. One size does not fit all,” Homier said. “Local governments know their communities best, and these bills restore the balance of power to ensure decisions reflect local priorities and values.”

The legislation was referred last week to the House Committee on Energy, where it’s likely to receive a positive reception from a Republican majority. Senate Democrats and Gov. Gretchen Whitmer would also need to approve the legislation, which is unlikely.

Alexander said approving his legislation will “all boil down to how any people show up to the hearings and how loudly they speak, and if the Senate and the executive committee are willing to listen.”

Opponents of the current law at Citizens for Local Choice attempted unsuccessfully last year to mount a ballot campaign in “an effort to restore local control of large-scale wind and solar operations,” MLive reports.

“The campaign is strong and robust and while we have not reached the required signature threshold to make the 2024 ballot, we will continue our ambitious effort to leverage our legal 180-day window and work to secure a placement on the 2026 ballot,” the group said in a statement.