Bill Text: MI HB4386 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Public utilities; consumer services; shutoff procedures for certain municipal utility customers; provide for. Amends 1939 PA 3 (MCL 460.1 - 460.11) by adding sec. 9s.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2009-12-01 - Assigned Pa 152'09 With Immediate Effect [HB4386 Detail]
Download: Michigan-2009-HB4386-Chaptered.html
Act No. 152
Public Acts of 2009
Approved by the Governor
November 20, 2009
Filed with the Secretary of State
November 23, 2009
EFFECTIVE DATE: November 23, 2009
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2009
Introduced by Reps. Johnson, Melton, Coulouris, Horn, Mayes, Scripps and Geiss
ENROLLED HOUSE BILL No. 4386
AN ACT 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 9s.
The People of the State of Michigan enact:
Sec. 9s. (1) A provider shall postpone a shutoff of service for not more than 21 days if the customer or a member of the customer’s household is a critical care customer or has a certified medical emergency. The customer’s certification shall identify the medical condition, any medical or life-supporting equipment being used, and the specific time period during which the shutoff of service will aggravate the medical emergency. The provider shall extend the postponement for further periods of not more than 21 days, not to exceed a total postponement of shutoff of service of 63 days, only if the customer provides additional certification that the customer or a member of the customer’s household is a critical care customer or has a certified medical emergency. If shutoff of service has occurred without any postponement being obtained, the provider shall restore service for not more than 21 days, and shall continue the restoration for further periods of not more than 21 days, not to exceed a total restoration of service of 63 days in any 12-month period per household member. Annually, a provider is not required to grant shutoff extensions totaling more than 126 days per household.
(2) As used in this section:
(a) “Critical care customer” means a customer who requires, or has a household member who requires, home medical equipment or a life-support system, and who has provided appropriate documentation from a physician or medical facility to the provider identifying the medical equipment or life-support system and certifying that an interruption of service would be immediately life-threatening.
(b) “Medical emergency” means an existing medical condition of the customer or a member of the customer’s household, as defined and certified by a physician or public health official on official stationery or company-provided form, that will be aggravated by the lack of utility service.
(c) “Provider” means a municipally owned electric or natural gas utility.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
