Bill Text: MI HB4993 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: State financing and management; other; certain forms of energy improvement financing for certain townships; provide for. Amends sec. 75b of 1846 RS 16 (MCL 41.75b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-24 - Assigned Pa 122'16 With Immediate Effect [HB4993 Detail]
Download: Michigan-2015-HB4993-Engrossed.html
HB-4993, As Passed Senate, May 3, 2016
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4993
A bill to amend 1846 RS 16, entitled
"Of the powers and duties of townships, the election and duties of
township officers, and the division of townships,"
by amending section 75b (MCL 41.75b), as amended by 2002 PA 226.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 75b. (1) A township board may provide for the acquisition
or financing of energy conservation improvements to be made to
township facilities or infrastructure and may pay for the
improvements or the financing or refunding of the improvements from
operating funds of the township or from the savings that result
from the energy conservation improvements. Energy conservation
improvements may include, but are not limited to, heating,
ventilating, or air-conditioning system improvements, fenestration
improvements, roof improvements, the installation of any
insulation, the installation or repair of heating, ventilating, or
air
conditioning air-conditioning
controls, and entrance or exit
way closures, information technology improvements associated with
an energy conservation improvement, and municipal utility
improvements associated with an energy conservation improvement.
(2) The township board may acquire, finance, or refund 1 or
more of the energy conservation improvements described in
subsection (1) by installment contract, which may include a lease-
purchase agreement described in subsection (5), or may borrow money
and issue notes for the purpose of securing funds for the
improvements or may enter into contracts in which the cost of the
energy conservation improvements is paid from a portion of the
savings that result from the energy conservation improvements.
These contractual agreements may provide that the cost of the
energy conservation improvements are paid only if the energy
savings are sufficient to cover their cost. An installment
contract, a lease-purchase agreement described in subsection (5),
or notes issued pursuant to this subsection shall extend for a
period
of time not to exceed 10 20
years from the date of the final
completion of the energy conservation improvements or the useful
life of the aggregate energy conservation improvements, whichever
is less. Notes issued pursuant to this subsection shall be full
faith and credit, tax limited obligations of the township, payable
from tax levies and the general fund as pledged by the township
board. The notes are subject to the revised municipal finance act,
2001 PA 34, MCL 141.2101 to 141.2821. A lease-purchase agreement
issued pursuant to this subsection shall not be subject to the
revised municipal finance act, 2001 PA 34, MCL 141.2101 to
141.2821, and shall not be a municipal security or a debt as those
terms are defined in that act. This subsection does not limit in
any manner the borrowing or bonding authority of a township as
provided by law.
(3)
If Prior to entering into
a contract for energy
conservation
improvements are made as provided in under this
section, the township board shall determine the following
information and, within 60 days of the completion of the
improvements, shall report the following information to the
Michigan
public service commission: within 60 days of the
completion
of the improvements:
(a) Name of each facility to which an improvement is made and
a description of the energy conservation improvement.
(b) Actual energy consumption during the 12-month period
before
completion commencement of the improvement.
(c) Project costs and expenditures, including the total of all
lease payments over the duration of the lease-purchase agreement.
(d) Estimated annual energy savings, including projected
savings over the duration of the installment contract.
(4) If energy conservation improvements are made as provided
in this section, the township board shall report to the Michigan
public service commission, by July 1 of each of the 5 years after
the improvements are completed, only the actual annual energy
consumption of each facility to which improvements are made. The
forms for the reports required by this section shall be furnished
by the Michigan public service commission.
(5) An installment contract described in this section may
include a lease-purchase agreement, which may be a multiyear
contractual obligation that provides for automatic renewal unless
positive action is taken by the legislative body to terminate that
contract. Payments under a lease-purchase agreement shall be a
current operating expense subject to annual appropriations of funds
by the legislative body and shall obligate the legislative body
only for those sums payable during the fiscal year of contract
execution or any renewal year thereafter. The legislative body may
make payments under a lease-purchase agreement from any legally
available funds or from a combination of energy or operational
savings, capital contributions, future replacement costs avoided,
or billable revenue enhancements that result from energy
conservation improvements, provided that the legislative body has
determined that those funds are sufficient to cover, in aggregate
over the full term of the contractual agreement, the cost of the
energy conservation improvements. The lease-purchase agreement will
terminate immediately and absolutely and without further obligation
on the part of the legislative body at the close of the fiscal year
in which it was executed or renewed or at such time as appropriated
and otherwise unobligated funds are no longer available to satisfy
the obligations of the legislative body under the lease-purchase
agreement. During the term of the lease-purchase agreement, the
legislative body shall be the vested owner of the energy
conservation improvements and may grant a security interest in the
energy conservation improvements to the provider of the lease-
purchase agreement. Upon the termination of the lease-purchase
agreement and the satisfaction of the obligations of the
legislative body, the provider of the lease-purchase agreement
shall release its security interest in the energy conservation
improvements.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
