HOUSE BILL No. 5531

 

April 17, 2012, Introduced by Rep. McMillin and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     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 6 (MCL 460.6), as amended by 2005 PA 190, and

 

by adding section 6t.

 


THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) The public service commission is vested with

 

complete power and jurisdiction to regulate all public utilities in

 

the this state except a municipally owned electric or natural gas

 

utility, the owner of a renewable resource power production

 

facility as provided in section 6d, and except as otherwise

 

restricted by law. The public service commission is vested with the

 

power and jurisdiction to regulate all rates, fares, fees, charges,

 

services, rules, conditions of service, and all other matters

 

pertaining to the formation, operation, or direction of public

 

utilities. The public service commission is further granted the

 

power and jurisdiction to hear and pass upon all matters pertaining

 

to, necessary, or incident to the regulation of public utilities,

 

including electric light and power companies, whether private,

 

corporate, or cooperative; water, including municipally owned water

 

and sewer systems; telegraph, oil, gas, and pipeline companies;

 

motor carriers; private wastewater treatment facilities; and all

 

public transportation and communication agencies other than

 

railroads and railroad companies.

 

     (2) A private, investor-owned wastewater utility may apply to

 

the commission for rate regulation. If an application is filed

 

under this subsection, the commission is vested with the specific

 

grant of jurisdictional authority to regulate the rates, fares,

 

fees, and charges of private, investor-owned wastewater utilities.

 

As used in this subsection, "private, investor-owned wastewater

 

utilities" means a utility that delivers wastewater treatment

 

services through a sewage system and the physical assets of which

 


are wholly owned by an individual or group of individual

 

shareholders.

 

     Sec. 6t. The public service commission is vested with the

 

power and jurisdiction to regulate all rates, fares, fees, and

 

charges of any water or sewer system that provides water supply

 

service or sewer service, or both, to more than 25% of the

 

population of this state.