Bill Text: MI SB0687 | 2013-2014 | 97th Legislature | Introduced

---

Bill Title: Local government; public services; termination of utility services; prohibit under certain circumstances. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-11-14 - Referred To Committee On Local Government And Elections [SB0687 Detail]

Download: Michigan-2013-SB0687-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 687

 

 

November 14, 2013, Introduced by Senator BOOHER and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to regulate the provision of certain utility services

 

by certain municipalities; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act, "municipality" means a county,

 

city, village, township, charter township, district, or authority

 

existing under the laws of this state.

 

     Sec. 2. In compliance with the requirement of section 52 of

 

article IV of the state constitution of 1963 to provide for the

 

protection of the air, water, and other natural resources of the

 

state from pollution, impairment, and destruction, if a

 

municipality is furnishing, through a regional agreement or

 

contract, a utility service such as water, sanitary sewers,

 

wastewater treatment, or electricity, or any combination of these

 

services, to 1 or more municipalities or directly to customers

 

within 1 or more municipalities, the municipality furnishing the

 

utility service shall not terminate the service or refuse to renew

 

an existing contract for the service for reasons other than that

 

its facilities lack the physical ability to continue to provide the

 

service.

 

     Sec. 3. This act does not preclude the ability of the

 

municipality furnishing the utility service to negotiate a

 

reasonable rate for service so long as the rate is not more than

 

the cost of providing the service.

 

     Sec. 4. A municipality aggrieved by a violation or threatened

 

violation of this act may maintain an action in the circuit court

 

having jurisdiction where the alleged violation occurred or is

 

likely to occur for declaratory and equitable relief. The court

 

shall have jurisdiction to restrain the violation and require

 

compliance with this act. The court may award reasonable attorney

 

fees and costs to the prevailing party.