460.1222 Applicability of part; certification for construction of an energy facility.

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Sec. 222.

(1)This part applies to all of the following:

(a)Any solar energy facility with a nameplate capacity of 50 megawatts or more.

(b)Any wind energy facility with a nameplate capacity of 100 megawatts or more.

(c)Any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more.

(2)Before beginning construction of an energy facility, an electric provider or independent power producer may, pursuant to this part, obtain a certificate for that energy facility from the commission. A local unit of government exercising zoning jurisdiction may request the commission to require an electric provider or independent power producer that proposes to construct an energy facility in that local unit to obtain a certificate for that energy facility from the commission. To obtain a certificate for an energy facility, an electric provider or IPP must comply with the requirements of sections 223 and 224, and then submit to the commission an application as described in section 225.

(3)If the commission has issued a certificate for an energy facility, the electric provider or IPP may make minor changes, as defined by the commission, to the site plan if the changes are within the footprint of the previously approved site plan.

(4)If an energy facility that would otherwise be subject to subsection

(2)is located entirely within a city or village, the city or village is exempt from this part as it relates to the energy facility if the city or village is the owner of participating property, is a developer of the facility, or owns an electric utility that will take service from the energy facility.

History: Add. 2023, Act 233 , Eff. Nov. 29, 2024