Bill Text: MI HB4673 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Public utilities; consumer services; shut-off protections for senior citizens or low-income customers; require municipally owned utilities to comply with. Amends 1939 PA 3 (MCL 460.1 - 460.11) by adding sec. 9r.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-12-15 - Assigned Pa 174'09 With Immediate Effect [HB4673 Detail]
Download: Michigan-2009-HB4673-Chaptered.html
Act No. 174
Public Acts of 2009
Approved by the Governor
December 14, 2009
Filed with the Secretary of State
December 15, 2009
EFFECTIVE DATE: January 14, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2009
Introduced by Rep. Mayes
ENROLLED HOUSE BILL No. 4673
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 9r.
The People of the State of Michigan enact:
Sec. 9r. (1) A municipally owned electric utility shall not shut off service to an eligible customer during the heating season for nonpayment of a delinquent account if the customer is an eligible senior citizen customer or if the eligible customer enters into a winter protection payment plan to pay to the utility a monthly amount equal to 7% of the estimated annual bill for the eligible customer or the eligible customer and the utility mutually agree upon a winter protection payment plan with different terms and the eligible customer demonstrates, within 14 days of requesting shut-off protection, that he or she has applied for state or federal heating assistance. If an arrearage exists at the time an eligible customer applies for protection from shutoff of service during the heating season, the utility shall permit the customer to pay the arrearage in equal monthly installments between the date of application and the start of the subsequent heating season.
(2) If a customer fails to comply with the terms and conditions of a winter protection payment plan, a municipally owned electric utility may shut off service after giving the customer a notice, by personal service or first-class mail, that contains all of the following information:
(a) That the customer has defaulted on the winter protection payment plan.
(b) The nature of the default.
(c) That unless the customer makes the payments that are past due within 10 days of the date of mailing, the municipally owned electric utility may shut off service.
(d) The date on or after which the municipally owned electric utility may shut off service, unless the customer takes appropriate action.
(e) That the customer may petition the municipally owned electric utility in accordance with the utility’s rules disputing the claim before the date of the proposed shutoff of service, or bring an action pursuant to section 9p.
(f) That the utility will not shut off service pending the resolution of a dispute that is filed with the utility in accordance with this section.
(g) The telephone number and address of the utility where the customer may make inquiry, enter into a payment plan, or file a complaint.
(h) The energy assistance telephone line number at the department of human services or an operating 2-1-1 system telephone number.
(i) That the utility will postpone shutoff of service if a medical emergency exists at the customer’s residence.
(j) That the utility may require a deposit and restoration charge if the supplier shuts off service for nonpayment of a delinquent account.
(3) As used in this section:
(a) “Eligible customer” means either an eligible low-income customer or an eligible senior citizen customer who demonstrates to the utility his or her eligibility.
(b) “Eligible low-income customer” means a customer whose household income does not exceed 150% of the poverty level, as published by the United States department of health and human services, or who receives any of the following:
(i) Assistance from a state emergency relief program.
(ii) Food stamps.
(iii) Medicaid.
(c) “Eligible senior citizen customer” means a utility customer who is 65 years of age or older and who advises the utility of his or her eligibility.
(d) “Heating season” means November 1 through March 31.
Enacting section 1. This amendatory act takes effect 30 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
