September 26, 2018, Introduced by Senator COLBECK 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 powers and
duties of certain state governmental officers and entities; 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
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 sections 1 and 3 (MCL 460.1 and 460.3).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) A commission to be known and designated as the
"Michigan
public service commission" is hereby created, which shall
consist
The Michigan public service
commission is created in the
department of licensing and regulatory affairs.
(2) The commission consists of 3 members, not more than 2 of
whom
shall be are members of the same political party, appointed by
the governor with the advice and consent of the senate.
(3)
Each member shall of the commission must be a citizen of
the
United States , and of
the this state. of Michigan, and no
member
of said A member of the commission shall not be pecuniarily
interested
in any public utility or public service person subject
to the jurisdiction and control of the commission. During his or
her
term, no a member
of the commission shall not
serve as an
officer or committee member of any political party organization or
hold any office or be employed by any other commission, board,
department, or
institution in this state. No commission
(4) An individual is not eligible to be a member of the
commission if that individual has ever been retained or employed by
any public utility or person subject to the jurisdiction and
control of the commission. A member of the commission shall not be
retained
or employed by any public utility or public service person
subject to the jurisdiction and control of the commission during
the
time he or she is acting as such commissioner, and a member of
the
commission or for 6 months
thereafter, and no 1 year after
that
time.
(5)
A member of the commission , who is a member of the bar
State
Bar of the state of Michigan , shall not
practice his
profession
law or act as counselor or attorney in any court of this
state
during the time while he or
she is a member of said the
commission. :
Provided, however, This shall
(6)
This section does not require any commissioner
member of
the
commission to retire from , or dissolve any partnership , of
which
he or she is a member, but said the partnership ,
while he is
a
member of the commission, shall not
engage in public utility
practice while he or she is a member of the commission. Immediately
upon
the taking effect of this act, the offices of the present
members
of the Michigan public service commission are hereby
abolished,
and the members of the Michigan public service
commission
as herein created shall be appointed by the governor
with
the advice and consent of the senate, for terms of 6 years
each:
Provided, That of the members first appointed, 1 shall be
appointed
for a term of 2 years, 1 for a term of 4 years, and 1 for
a
term of 6 years. Upon the expiration of said terms successors
shall
be appointed with like qualifications and in like manner for
terms
of 6 years each, and until their successors are appointed and
qualified.
Vacancies shall be filled in the same manner as is
provided
for appointment in the first instance.
(7) Members of the commission shall serve for terms of 6 years
or until a successor is appointed, whichever is later. If a vacancy
occurs on the commission, the governor shall make an appointment
for the unexpired term in the same manner as the original
appointment.
Sec. 3. The legislature shall annually establish the salary of
the
chairman chairperson of the commission, and the salary of each
of the other members of the commission, and the schedule for
reimbursement
of expenses for members of the
commission. shall be
established
annually by the legislature. The
commission may appoint
a secretary and the deputies, clerks, assistants, inspectors, heads
of divisions, and employees necessary for the proper exercise of
the powers and duties of the commission. All salaries and other
expenses
incurred by the commission shall must be paid out of funds
appropriated
by the legislature. All fees and other moneys money
received
by the commission shall must
be paid over at the end of
each
month to the state treasurer. , taking a receipt therefor. The
commission may employ engineers and experts in public utilities and
public service matters and fix their compensation for services,
which may be paid out of the appropriation provided by the
legislature.
The engineers, inspectors, and employees shall be are
entitled to their actual and necessary expenses incurred in the
performance
of the work of the commission pursuant to under the
schedule established by the legislature. Each deputy, clerk,
assistant, engineer, inspector, or expert shall perform the duties
required by the commission. The commission shall not employ an
individual if that individual has been retained or employed by any
public utility or person subject to the jurisdiction and control of
the commission during the previous year. An employee of the
commission shall sign an agreement that he or she will not be
retained or employed by any public utility or person subject to the
jurisdiction and control of the commission for 1 year after leaving
employment with the commission. A public utility or person subject
to the jurisdiction and control of the commission shall not retain
or employ an individual who was employed by the commission for 1
year after that individual left employment with the commission.
Each member of the commission shall devote his or her entire time
to the performance of the duties of his or her office.