Bill Text: MI HB6429 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public utilities; electric utilities; delivery of electric service outside of corporate limits of a city; modify provisions in MCL 124.3. Amends sec. 3 of 1951 PA 35 (MCL 124.3).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-31 - Assigned Pa 516'18 With Immediate Effect [HB6429 Detail]

Download: Michigan-2017-HB6429-Engrossed.html

HB-6429, As Passed Senate, December 18, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6429

 

 

October 4, 2018, Introduced by Reps. LaFave, Lower and Miller and referred to the Committee on Energy Policy.

 

     A bill to amend 1951 PA 35, entitled

 

"An act to authorize intergovernmental contracts between municipal

corporations; to authorize any municipal corporation to contract

with any person or any municipal corporation to furnish any lawful

municipal service to property outside the corporate limits of the

first municipal corporation for a consideration; to prescribe

certain penalties; to authorize contracts between municipal

corporations and with certain nonprofit public transportation

corporations to form group self-insurance pools; and to prescribe

conditions for the performance of those contracts,"

 

by amending section 3 (MCL 124.3), as amended by 2000 PA 155.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) A municipal corporation may contract for adequate

 

consideration with a person or another municipal corporation to

 

furnish to property outside the municipal corporate limits any

 

lawful municipal service that it is furnishing to property within

 


House Bill No. 6429 as amended December 11, 2018

the municipal corporate limits. A municipal corporation may sell

 

and deliver heat, power, and light in amounts as determined by the

 

governing body of the utility, except for both of the following:

 

     (a) Electric delivery service is limited to the area of any

 

city, village, or township that was contiguous to the municipal

 

corporation as of June 20, 1974, and to the area of any other city,

 

village, or township being served by the municipal utility as of

 

June 20, 1974.

 

     (b) Retail sales of electric generation service are limited to

 

the area of any city, village, or township that was contiguous to

 

the municipal corporation as of June 20, 1974, and to the area of

 

any other city, village, or township being served by the municipal

 

utility as of June 20, 1974. , unless the municipal corporation is

 

in compliance with section 10y(4) of 1939 PA 3, MCL 460.10y.

 

     (2) A municipal corporation shall not render electric delivery

 

service for heat, power, or light to customers outside its

 

corporate limits already to a customer that is currently receiving

 

or within the previous 3 years has received the service from

 

another utility unless the serving utility consents in writing.

 

     (3) As used in this section:

 

     (a) "Customer" means [only] the building or facilities served

 rather

 

than the individual, association, partnership, corporation,

 

governmental body, or other entity taking service.

 

     (b) (a) "Electric delivery service" has the same meaning as

 

"delivery service" under section 10y of 1939 PA 3, MCL 460.10y.

 

     (c) (b) "Electric generation service" means the sale of

 

electric power and related ancillary services.


     (d) (c) "Person" means an individual, partnership,

 

association, governmental entity, or other legal entity.

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