Bill Text: MI HB4482 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Public utilities; electric utilities; condemnation of property for transmission lines; allow for qualified transmission companies. Amends sec. 5 of 1923 PA 238 (MCL 486.255).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-06-20 - Referred To Second Reading [HB4482 Detail]
Download: Michigan-2017-HB4482-Introduced.html
HOUSE BILL No. 4482
April 19, 2017, Introduced by Reps. Cole, Glenn, Johnson and LaFave and referred to the Committee on Energy Policy.
A bill to amend 1923 PA 238, entitled
"An act authorizing the formation of corporations for the purpose
of generating, manufacturing, producing, gathering, storing,
transmitting, distributing, transforming, selling and supplying
electric energy or gas, either artificial or natural, or both
electric energy and gas, to the public generally, or to public
utilities or natural gas companies, and providing for and giving to
such corporations and also to corporations heretofore lawfully
organized, among other things, for such purposes; to corporations
heretofore lawfully organized, or that may hereafter be lawfully
organized and duly authorized to carry on the electric or gas
business as a public utility in the state of Michigan; and to
foreign corporations heretofore lawfully organized or that may
hereafter be lawfully organized, among other things, for such
purposes, and duly authorized to carry on business in the state of
Michigan, the right to condemn private property for the uses
provided for herein,"
by amending section 5 (MCL 486.255), as added by 2004 PA 197.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Subject to the electric transmission line
certification act, 1995 PA 30, MCL 460.561 to 460.575, and the
uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to
213.75, an independent transmission company or an affiliated
transmission
company shall have has the power to condemn property
that is necessary to transmit electric energy for public use except
for both of the following:
(a) An independent transmission company or affiliated
transmission company shall not circumvent a private agreement that
existed
on the effective date of the amendatory act that added this
subsection
July 12, 2004 under which the independent transmission
company or affiliated transmission company leases rights-of-way for
its electric transmission facilities from the utility.
(b) An independent transmission company or affiliated
transmission company shall not condemn property owned by an
electric or gas utility or municipally owned utility in a manner
which
that unreasonably disrupts the ability of the electric or
gas
utility or municipally owned utility to continue to provide service
to its customers. If a dispute exists under this subdivision, the
condemnation
shall must not proceed until the Michigan public
service
commission determines that no
unreasonable disruption is
involved. The commission shall make its determination under this
subdivision pursuant to a contested case under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, within
180 days of the date an application or petition requesting a
determination is filed with the commission. If the principal
parties of record agree that the complexity of dispute involved
requires
additional time, the commission may have has up to 210
days from the date the application or petition was filed to make a
determination under this subdivision.
(2) Except as otherwise provided under this section, in
condemning property under subsection (1), an independent
transmission company or affiliated transmission company is subject
to the same procedures and requirements under this act as a
corporation formed under this act.
(3) Section 3(1) and any procedure or requirement under this
act that is inconsistent with the electric transmission line
certification act, 1995 PA 30, MCL 460.561 to 460.575, or the
uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to
213.75, do not apply to an independent transmission company or
affiliated transmission company.
(4) As used in this act:
(a)
"Affiliated transmission company" means a either of the
following:
(i) A person, partnership, corporation, association, or other
legal
entity, or its successors or assigns, which that has
fully
satisfied the requirements to join a regional transmission
organization, as
determined by the federal energy regulatory
commission,
that is engaged in this state in the transmission of
electricity
using facilities it owns, that were transferred to the
entity
by an electric utility that was engaged in the generation,
transmission,
and distribution of electricity in this state on
December
31, 2000, and that is
not independent of an electric
utility or an affiliate of the utility, generating or distributing
electricity to retail customers in this state.
(ii) A person, partnership, corporation, association, or other
legal entity, or its successors or assigns, that holds a
certificate issued by the commission under the electric
transmission line certification act, 1995 PA 30, MCL 460.561 to
460.575, if that entity is an affiliate of an electric utility
generating or distributing electricity to retail customers in this
state.
(b) "Commission" means the Michigan public service commission.
(c) (b)
"Independent transmission
company" means a either
of
the following:
(i) A person, partnership, corporation, association, or other
legal entity, or its successors or assigns, that has fully
satisfied the requirements to join a regional transmission
organization and that is engaged in this state in the transmission
of
electricity using facilities it owns that have been divested to
the
entity by an electric utility that was engaged in the
generation,
transmission, and distribution of electricity in this
state
on December 31, 2000, and is independent of an electric
utility
or if that entity is not an affiliate of the an electric
utility , generating or distributing electricity to retail
customers in this state.
(ii) A person, partnership, corporation, association, or other
legal entity, or its successors or assigns, that holds a
certificate issued by the commission under the electric
transmission line certification act, 1995 PA 30, MCL 460.561 to
460.575, if that entity is not an affiliate of an electric utility
generating or distributing electricity to retail customers in this
state.
