May 22, 2012, Introduced by Senator NOFS and referred to the Committee on Energy and Technology.
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,"
(MCL 460.1 to 460.11) by adding section 9t.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9t. (1) The low-income energy assistance fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only as provided in the Michigan energy assistance
act.
(6) Subject to the limitations imposed in this subsection, the
commission shall, after notice and hearing, annually approve a home
energy assistance funding factor no later than July 31 of each
year. The amount collected from a home energy assistance funding
factor during each fiscal year shall not exceed $60,000,000.00
minus the amount appropriated from the general fund in that fiscal
year for home energy assistance. An electric utility or alternative
electric supplier that collects money under this subsection shall
remit that money to the state treasurer for deposit in the fund on
a monthly basis no later than 30 days after the last day in each
calendar month. The electric utility or alternative electric
supplier shall list the home energy assistance funding factor as a
separate line item on each customer's bill.
(7) As used in this section:
(a) "Department" means the department of human services.
(b) "Fund" means the low-income energy assistance fund created
in subsection (1).
(c) "Home energy assistance funding factor" means a
nonbypassable surcharge on each meter payable by every customer
receiving a distribution service from an electric utility
regardless of the identity of the customer's electric generation
supplier. The home energy assistance funding factor shall not be
charged on more than 1 meter per residential site.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1135
of the 96th Legislature is enacted into law.