Cards Already Stacked Against Residents?
Oshtemo Board’s Early Support of PA 233 Raises Concerns for Fair Process and an Energy Ordinance that will Protect Residents from Industrial Utilities in Residents’ Backyards.
In a December 17, 2024 Oshtemo Township Board meeting, several officials voiced early support for Michigan’s Public Act 233, the law that removed much of local governments’ authority to regulate large-scale energy projects.
This discussion took place months before the township make it public it was working on an energy ordinance process — and a nearly a year before residents were even aware of a proposed Battery Energy Storage System (BESS) facility on S Van Kal Street.
Watch as board members dismiss residents as “NIMBYs”. Together they hold enough votes to decide Oshtemo’s position.
What Is Public Act 233?
Public Act 233 of 2023 shifted siting authority for large-scale solar, wind, and battery facilities from local governments to the Michigan Public Service Commission (MPSC).
Across Michigan, many townships — including several neighboring Oshtemo Township — have raised concerns about the law, citing a loss of local decision-making and diminished ability to respond to community-specific land-use issues.
What Is the Oshtemo Board’s Opinion on Public Act 233?
At the December 17, 2024 Board meeting, the Oshtemo Township Board was asked to oppose the state’s shift of power under PA 233, by standing in support of local control and claim of appeal against Michigan Public Service Commission order.
There is a growing lawsuit with over 80 townships challenging the Michigan Public Service Commission’s order implementing Public Act 233 of 2023. This meeting amendment was not to join the lawsuit, but rather to state that they were in support of the local appeal.
Instead, three members spoke out strongly that they supported the state’s takeover of energy siting. Their recorded comments included statements such as:
“I just feel like I’m not concerned about this personally, because I believe that what the state legislature was trying to accomplish is in the best interest of everybody in this state and in the nation. It doesn’t affect me personally.” Zak Ford, Oshtemo Trustee
“I’m leaning away from wanting to publicly support the folks filing an appeal against the Michigan Public Service Commission here. I just, it doesn’t, I don’t understand how this benefits us.” Zak Ford, Oshtemo Trustee
“Because if our gripe is not about the legislation, then I don’t think our gripe should state that we’re saying, hey, these guys are taking away local control. ” Zak Ford, Oshtemo Trustee
“So, you know, I think that they, I’m fully in support of that (PA 233), completely in support of that, because the NIMBYs (Not in My Backyard) will always show up in numbers.” Michael Chapman, Oshtemo Trustee
“The NIMBYs will always put pressure on the local individuals, even though something may be for the better of the entire community or the entire state in this case.” Michael Chapman, Oshtemo Trustee
Trustee Neil Sikora then went on to offer a blanket endorsement of PA 233 and Trustee Neil Sikora’s comments without discussion of local impacts.
Because these three Board members form a voting bloc large enough to carry a decision, their early alignment raises questions for local residents about whether the outcome was already leaning in favor of the developers and state control — rather than being open to full community input and drafting an ordinance that will put resident safety first.
Why This Matters
Public Act 233 already limits how much control local governments have over large-scale energy projects. When a majority of Oshtemo’s Board members publicly supported that shift in power — and dismissed resident concerns — it signaled a potential loss of balance in future decision-making.
These three members represent enough votes to approve or block township actions, meaning their stance effectively determines Oshtemo’s position on critical issues like the local energy ordinance and any incoming project reviews.
Their recorded comments — stating that PA 233 “doesn’t affect them personally,” and that residents opposing projects are simply “NIMBYs (Not In My Backyards)” — suggest a mindset that may prioritize state and developer convenience over community safety and zoning integrity.
That combination of voting power and predetermined support creates real concern for residents who expect their elected representatives to advocate for local authority and transparent processes.
As Oshtemo continues drafting its “energy ordinance,” residents deserve clear assurance that:
- Decisions are not already made behind the scenes;
- Township officials are acting independently of developer influence; and
- Public participation will meaningfully shape the final ordinance — not merely appear as formality.
The question is no longer whether Oshtemo will have a voice, but whether that voice will be heard and integrated before decisions are finalized.
Watch the Meeting Footage
The December 17, 2024 meeting video coverage on this agenda item is can be viewed below:
What Residents Can Do
- Attend upcoming Township Board and Planning Commission meetings and speak out.
- Remember to vote out board members in 2028 that refuse their own local power and do not support residents.
- Submit written comments asking for full disclosure of prior developer communications.
- Request conflict-of-interest and recusal policies for all officials participating in energy-related votes.
- Contact the MSPC and tell them Battery Energy Storage System regulations must protect residents.
