SENATE BILL No. 1134

 

 

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.