Bill Text: MI HB5109 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Public utilities; electric utilities; sale of electricity by a campground or marina providing separate meters to customers; provide as reimbursement. Amends sec. 10q of 1939 PA 3 (MCL 460.10q).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-10-30 - Printed Bill Filed 10/30/2013 [HB5109 Detail]

Download: Michigan-2013-HB5109-Introduced.html

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HOUSE BILL No. 5109

 

October 29, 2013, Introduced by Rep. Kurtz.

 

     A bill to amend 1939 PA 3, entitled

 

"An act to provide for the regulation and control of public and

certain private utilities and other services affected with a public

interest within this state; to provide for alternative energy

suppliers; to provide for licensing; to include municipally owned

utilities and other providers of energy under certain provisions of

this act; to create a public service commission and to prescribe

and define its powers and duties; to abolish the Michigan public

utilities commission and to confer the powers and duties vested by

law on the public service commission; to provide for the

continuance, transfer, and completion of certain matters and

proceedings; to abolish automatic adjustment clauses; to prohibit

certain rate increases without notice and hearing; to qualify

residential energy conservation programs permitted under state law

for certain federal exemption; to create a fund; to provide for a

restructuring of the manner in which energy is provided in this

state; to encourage the utilization of resource recovery

facilities; to prohibit certain acts and practices of providers of

energy; to allow for the securitization of stranded costs; to

reduce rates; to provide for appeals; to provide appropriations; to

declare the effect and purpose of this act; to prescribe remedies

and penalties; and to repeal acts and parts of acts,"

 

by amending section 10q (MCL 460.10q), as added by 2000 PA 141.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 10q. (1) A person shall not engage in the business of an

 

alternative electric supplier in this state unless the person

 

obtains and maintains a license issued under section 10a.

 

     (2) In addition to any other information required by the

 

commission in connection with a licensing application, the

 

applicant shall be required to do both of the following:

 

     (a) Provide information, including information as to the

 

applicant's safety record and its history of service quality and

 

reliability, as to the applicant's technical ability, as defined

 

under regulations of the commission, to safely and reliably

 

generate or otherwise obtain and deliver electricity and provide

 

any other proposed services.

 

     (b) Demonstrate that the employees of the applicant that will

 

be installing, operating, and maintaining generation or

 

transmission facilities within this state, or any entity with which

 

the applicant has contracted to perform those functions within this

 

state, have the requisite knowledge, skills, and competence to

 

perform those functions in a safe and responsible manner in order

 

to provide safe and reliable service.

 

     (3) The commission shall order the applicant to post a bond or

 

provide a letter of credit or other financial guarantee in a

 

reasonable amount established by the commission of not less than

 

$40,000.00, if the commission finds after an investigation and

 

review that the requirement of a bond would be in the public

 

interest.

 

     (4) Only investor-owned, cooperative, or municipal electric

 

utilities shall own, construct, or operate electric distribution

 

facilities or electric meter equipment used in the distribution of

 

electricity in this state. This subsection does not prohibit a

 

self-service power provider from owning, constructing, or operating

 

electric distribution facilities or electric metering equipment for

 

the sole purpose of providing or utilizing self-service power. This

 

act does not affect the current rights, if any, of a nonutility to

 

construct or operate a private distribution system on private

 

property or private easements. This does not preclude crossing of

 

public rights-of-way.

 

     (5) The sale of electricity by a campground or marina to its

 

customers when the campground or marina provides separate meters to

 

those customers is considered a reimbursement to the campground or

 

marina.

 

     (6) (5) The commission shall not prohibit an electric utility

 

from metering and billing its customers for services provided by

 

the electric utility.

 

     (7) As used in this section:

 

     (a) "Campground" means that term as defined in section 12501

 

of the public health code, 1978 PA 368, MCL 333.12501.

 

     (b) "Marina" means that term as defined in section 78101 of

 

the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.78101.

 

     (c) "Reimbursement" means the electric rate invoiced by a

 

campground or marina to its customers for electric service that

 

does not exceed the price paid for that electric service by the

 

campground or marina.