Bill Text: MI SB1134 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Public utilities; other; creation and funding of the low-income energy assistance fund; provide for. Amends 1939 PA 3 (MCL 460.1 - 460.11) by adding sec. 9t. TIE BAR WITH: SB 1135'12
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Engrossed - Dead) 2012-05-31 - Referred To Committee On Energy And Technology [SB1134 Detail]
Download: Michigan-2011-SB1134-Engrossed.html
SB-1134, As Passed Senate, May 31, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1134
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 of licensing and regulatory affairs shall
be the administrator of the fund for auditing purposes.
(5) The department of human services 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 low-
income energy assistance funding factor no later than July 31 of
each year for the subsequent fiscal year. The low-income energy
assistance funding factor shall be the same across all customer
classes. The amount collected from a low-income energy assistance
funding factor during each fiscal year shall not exceed
$60,000,000.00 minus both the amount appropriated from the general
fund in that fiscal year for home energy assistance and the amount
remaining in the fund from the prior fiscal year. An electric
utility, municipally owned electric utility, or cooperative
electric utility 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, municipally owned electric
utility, or cooperative electric utility shall list the low-income
energy assistance funding factor as a separate line item on each
customer's bill.
(7) If requested by the commission, each electric utility,
municipally owned electric utility, and cooperative electric
utility, or an association representing a municipally owned
electric utility or cooperative electric utility, shall annually
provide to the commission the number of retail billing meters it
serves in this state that are subject to the low-income energy
assistance funding factor.
(8) As used in this section:
(a) "Fund" means the low-income energy assistance fund created
in subsection (1).
(b) "Low-income energy assistance funding factor" means a
nonbypassable surcharge on each retail billing meter payable
monthly by every customer receiving a retail distribution service
from an electric utility, municipally owned electric utility, or
cooperative electric utility regardless of the identity of the
customer's electric generation supplier. The low-income energy
assistance funding factor shall not be charged on more than 1
residential account 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.
