Bill Text: MI HB5837 | 2017-2018 | 99th Legislature | Enrolled
Bill Title: Public utilities; electric utilities; membership or associated membership in a joint agency; expand to another state or Canadian province under certain conditions. Amends 1976 PA 448 (MCL 460.801 - 460.848) by adding sec. 36a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 687'18 [HB5837 Detail]
Download: Michigan-2017-HB5837-Enrolled.html
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Rep. Miller
ENROLLED HOUSE BILL No. 5837
AN ACT to amend 1976 PA 448, entitled “An act to prescribe the powers and duties of municipalities and governmental units to acquire, finance, maintain, and operate generating, transmission, and distribution facilities of electric power and energy, fuel and energy sources and reserves and all necessary related properties, equipment and facilities; to permit the exercise of those powers in joint venture or joint agency agreements; to provide for the issuance of bonds and notes; to prescribe the powers and duties of the municipal finance commission or its successor agency and of certain other state officers and agencies with respect to municipal electric utility financing; to create certain funds and prescribe their operation; to provide for tax exemptions and other exemptions; and to prescribe penalties and provide remedies,” (MCL 460.801 to 460.848) by adding section 36a.
The People of the State of Michigan enact:
Sec. 36a. (1) A municipal unit or other political subdivision of another state or Canadian province owning a system for the generation, transmission, or distribution of electric power and energy for public or private use or proposing to own such a system may become a member or an associate member of, and may withdraw from, a joint agency in the same manner as a municipality under sections 34(6) and 36. However, in addition to complying with the requirements set forth in sections 34(6) and 36, the municipal unit or political subdivision of another state or Canadian province shall provide to the joint agency an opinion acceptable to the joint agency from an individual licensed to practice law in that state or province attesting to the following:
(a) That the laws applicable to the prospective member or associate member do not preclude the prospective member or associate member from joining the joint agency.
(b) That the prospective member or associate member has the legal authority under laws applicable to the prospective member or associate member to enter into valid, binding, and enforceable agreements with the joint agency and members and associate members of the joint agency.
(2) Except as otherwise provided by the board of commissioners of the joint agency, a member or an associate member located in another state or Canadian province has the same rights, privileges, and obligations as other members or associate members of the joint agency.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
