Bill Text: MI HB4673 | 2009-2010 | 95th Legislature | Engrossed
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-Engrossed.html
HB-4673, As Passed House, March 31, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4673
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 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 customer pays to the
utility a monthly amount equal to 7% of the estimated annual bill
for the eligible customer 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) A municipally owned electric utility may shut off service
to an eligible low-income customer who does not pay the monthly
amounts required under subsection (1) after giving notice to the
customer. The municipally owned electric utility is not required to
offer a payment plan to an eligible low-income customer who fails
to make the monthly payments required under subsection (1).
(3) If a customer fails to comply with the terms and
conditions of this section, 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) That the customer should contact a social services agency
immediately if the customer believes he or she might be eligible
for emergency economic assistance.
(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.
(4) 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 November
1, 2009.
