Title 460, PUBLIC UTILITIES

Sec. 161. This part does not confer the power of eminent domain.

Sec. 171. As used in this part, "electric utility" means any person or entity whose rates are regulated by the commission for the purpose of selling electricity to retail customers in this state.

Sec. 173. (1) The commission shall establish a distributed generation program by order issued by July 19, 2017. The commission may promulgate rules the commission considers necessary to implement this program. Any rules adopted regarding time limits for approval of parallel opera…

Sec. 175. (1) An electric utility or alternative electric supplier may charge a fee not to exceed $50.00 to process an application to participate in the distributed generation program. The customer shall pay all interconnection costs. The commission shall recognize the reasonable…

Sec. 177. (1) An electric meter provided by a utility must be used to determine the amount of the customer's inflow and outflow electricity in each pricing period. Eligible customers shall pay only the incremental cost above that for meters provided by the electric utility to sim…

Sec. 179. A customer shall own any renewable energy credits granted for electricity generated on the customer's site under the distributed generation program created in this part.

Sec. 181. Upon a complaint or on the commission's own motion, if the commission finds, after notice and hearing, that an electric utility has not complied with a provision or order issued under this part, the commission shall order remedies and penalties as necessary to make whol…

Sec. 183. (1) A customer participating in a net metering program approved by the commission before the commission establishes a tariff pursuant to section 6a(14) of 1939 PA 3, MCL 460.6a, may elect to continue to receive service under the terms and conditions of that program for …

Sec. 185. Notwithstanding any other provision of this act, this act does not limit or restrict an industrial customer's ability to build, own, or operate, or have a third party build, own, or operate 1 or more self-generation or cogeneration facilities, and none of the provisions…

Sec. 191. (1) Subject to subsection (2), to implement this act, the commission shall issue orders or promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (2) By January 1, 2026, the commission shall issue an order providing fo…

Sec. 193. (1) Any interested party may intervene in a contested case proceeding under this act as provided in general rules of the commission. (2) The commission and a provider shall handle confidential business information under this act in a manner consistent with state law and…

Sec. 195. This act does not limit any authority of the commission otherwise provided by law.

Sec. 201. As used in this part: (a) "Energy project" means the installation or modification of an energy waste reduction improvement or the acquisition, installation, or improvement of a renewable energy system. (b) "Energy waste reduction improvement" means equipment, devices, o…

Sec. 203. (1) Pursuant to section 205, a provider whose rates are regulated by the commission may establish a residential energy projects program. (2) Under a residential energy projects program, if a record owner of property in the provider's service territory obtains financing …

Sec. 205. (1) A residential energy projects program may only be established and implemented pursuant to a plan approved by the commission. A provider seeking to establish a residential energy projects program shall file a proposed plan with the commission. (2) A plan under subsec…

Sec. 207. (1) A baseline home energy audit shall be conducted before an energy project that will be paid for through charges on the utility bill under this part is undertaken. After the energy project is completed, the provider shall obtain verification that the energy project wa…

Sec. 209. (1) The term of a loan paid through a residential energy projects program shall not exceed the anticipated useful life of the energy project financed by the loan or 180 months, whichever is less. The loan shall be repaid in monthly installments. (2) The lender shall com…

Sec. 211. (1) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the commission shall promulgate rules to implement this part within 1 year after the effective date of this section. (2) Every 5 years after the promulgation of rules under sub…

Sec. 221. As used in this part: (a) "Affected local unit" means a unit of local government in which all or part of a proposed energy facility will be located. (b) "Aircraft detection lighting system" means a sensor-based system designed to detect aircraft as they approach a wind …

Sec. 222. (1) This part applies to all of the following: (a) Any solar energy facility with a nameplate capacity of 50 megawatts or more. (b) Any wind energy facility with a nameplate capacity of 100 megawatts or more. (c) Any energy storage facility with a nameplate capacity of …

Sec. 223. (1) An electric provider or independent power producer that, at its option or as required by the commission, proposes to obtain a certificate for and construct an energy facility shall hold a public meeting in each affected local unit. At least 30 days before a meeting,…

Sec. 224. (1) A site plan required under section 223 or 225 shall meet application filing requirements established by commission rule or order to maintain consistency between applications. The site plan shall include the following: (a) The location and a description of the energy…

Sec. 225. (1) An application for a certificate submitted to the commission under section 222(2) shall contain all of the following: (a) The complete name, address, and telephone number of the applicant. (b) The planned date for the start of construction and the expected duration …

Sec. 226. (1) Upon filing an application with the commission, the applicant shall make a 1-time grant to each affected local unit for an amount determined by the commission but not more than $75,000.00 per affected local unit and not more than $150,000.00 in total. Each affected …

Sec. 227. (1) The applicant for a certificate shall enter into a host community agreement with each affected local unit. The host community agreement shall require that, upon commencement of any operation, the energy facility owner must pay the affected local unit $2,000.00 per m…

Sec. 227a. Before commencing commercial operations, an applicant shall file a completion report certifying compliance with the requirements of this act and any conditions contained in the commission's certificate.

Sec. 228. (1) Except as otherwise provided in this part, information obtained by the commission under this part is a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (2) The commission shall issue orders necessary to protect the information i…

Sec. 229. A commission order relating to a certificate or other matter provided for under this part is subject to review in the same manner as provided in section 26 of 1909 PA 300, MCL 462.26.

Sec. 230. (1) In administering this part, the commission has only those powers and duties granted to the commission under this part. (2) The commission may consolidate proceedings under this part with contract approval or other certificate of need cases relating to the same energ…

Sec. 231. (1) A local ordinance shall not prohibit or regulate testing activities undertaken by an electric provider or independent power producer for purposes of determining the suitability of a site for the placement of an energy facility. (2) If a certificate is issued for an …

Sec. 232. Section 5 of 1846 RS 1, MCL 8.5, applies to the amendatory act that added this section.