October 4, 2018, Introduced by Reps. LaFave, Lower and Miller and referred to the Committee on Energy Policy.
A bill to amend 1951 PA 35, entitled
"An act to authorize intergovernmental contracts between municipal
corporations; to authorize any municipal corporation to contract
with any person or any municipal corporation to furnish any lawful
municipal service to property outside the corporate limits of the
first municipal corporation for a consideration; to prescribe
certain penalties; to authorize contracts between municipal
corporations and with certain nonprofit public transportation
corporations to form group self-insurance pools; and to prescribe
conditions for the performance of those contracts,"
by amending section 3 (MCL 124.3), as amended by 2000 PA 155.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) A municipal corporation may contract for adequate
consideration with a person or another municipal corporation to
furnish to property outside the municipal corporate limits any
lawful municipal service that it is furnishing to property within
the municipal corporate limits. A municipal corporation may sell
and deliver heat, power, and light in amounts as determined by the
governing body of the utility, except for both of the following:
(a) Electric delivery service is limited to the area of any
city, village, or township that was contiguous to the municipal
corporation as of June 20, 1974, and to the area of any other city,
village, or township being served by the municipal utility as of
June 20, 1974.
(b) Retail sales of electric generation service are limited to
the area of any city, village, or township that was contiguous to
the municipal corporation as of June 20, 1974, and to the area of
any other city, village, or township being served by the municipal
utility
as of June 20, 1974. , unless the municipal corporation is
in
compliance with section 10y(4) of 1939 PA 3, MCL 460.10y.
(2) A municipal corporation shall not render electric delivery
service
for heat, power, or light to customers outside its
corporate
limits already to a
customer that is currently receiving
or within the previous 3 years has received the service from
another utility unless the serving utility consents in writing.
(3) As used in this section:
(a) "Customer" means the building or facilities served rather
than the individual, association, partnership, corporation,
governmental body, or other entity taking service.
(b)
(a) "Electric delivery service" has the same
meaning as
"delivery service" under section 10y of 1939 PA 3, MCL 460.10y.
(c) (b)
"Electric generation
service" means the sale of
electric power and related ancillary services.
(d) (c)
"Person" means an
individual, partnership,
association, governmental entity, or other legal entity.