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Michigan Statutes, Title 460

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Title 460, PUBLIC UTILITIES

35 chapters · 354 sections in this title.

All chapters in Title 460354 Ch 295-of-2008, CLEAN AND RENEWABLE ENERGY AND ENERG…85 Ch 3-of-1939, MICHIGAN PUBLIC SERVICE COMMISSION79 Ch 448-of-1976, MICHIGAN ENERGY EMPLOYMENT ACT OF 197641 Ch 365-of-2018, SMALL WIRELESS COMMUNICATIONS FACILI…20 Ch 30-of-1995, ELECTRIC TRANSMISSION LINE CERTIFICA…15 Ch 174-of-2013, MISS DIG UNDERGROUND FACILITY DAMAGE…13 Ch 167-of-2008, ELECTRIC COOPERATIVE MEMBER-REGULATI…11 Ch 270-of-2010, PROPERTY ASSESSED CLEAN ENERGY ACT10 Ch 299-of-1972, COSTS OF REGULATING PUBLIC UTILITIES10 Ch 332-of-2020, PROPANE COMMISSION ACT10 Ch 106-of-1909, TRANSMISSION OF ELECTRICITY9 Ch 419-of-1919, MICHIGAN PUBLIC UTILITIES COMMISSION9 Ch 246-of-1921, CARRIERS BY WATER7 Ch 69-of-1929, CERTIFICATE OF CONVENIENCE AND NECESSITY6

41 sections·Filtered byTitle 460✕Ch 448-of-1976✕

Mich. Comp. Laws § 460.801 Short title.
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Sec. 1. This act may be cited as the "Michigan energy employment act of 1976".
Mich. Comp. Laws § 460.802 Meanings of words and phrases.
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Sec. 2. For purposes of this act, the words and phrases defined in sections 3 to 6 shall have the meanings respectively ascribed to them in those sections.
Mich. Comp. Laws § 460.803 Definitions; E to J.
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Sec. 3. (1) "Electric utility facility" means a facility which a municipality is authorized to acquire as part of a municipal electric utility system under this act or other law. (2) "Governing body" means the council, commission, or board of trustees of a municipality, or when t…
Mich. Comp. Laws § 460.804 Definitions; M.
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Sec. 4. (1) "Municipal bond" means a bond or note or other evidence of indebtedness payable from ad valorem taxes which a governmental unit may issue. (2) "Municipal electric utility system" means a system owned by a municipality or combination of municipalities to furnish heat, …

Mich. Comp. Laws § 460.805 Definitions; P.

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Sec. 5. (1) "Project" means a system or facility, inside or outside the state, or service related to a system or facility inside or outside the state, for the generation, transmission, or transformation of electricity, in whole or in part, or for sale to or use by a municipal ele…

Mich. Comp. Laws § 460.806 Definitions; P to R.

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Sec. 6. (1) "Person" means an individual, corporation, association, partnership, governmental entity, or any other legal entity. (2) "Power utility" means any person engaged or that may engage, inside or outside the state, in generating, transmitting, or distributing or furnishin…

Mich. Comp. Laws § 460.807 Sources of electrical energy for distribution and sale; facilities for control, abatement, or prevention of pollution or damages to environment; facilities for safe disposal of waste or by-products.

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Sec. 7. The governing body of a municipal electric utility system may purchase, acquire, construct, improve, enlarge, extend, or repair in the name of the municipality a source or sources of electrical energy for distribution and sale by the municipal electric utility system, whe…

Mich. Comp. Laws § 460.808 Fuel sources and reserves; facilities for transportation and storage.

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Sec. 8. The governing body of a municipal electric utility system may purchase, acquire, construct, improve, enlarge, extend, or repair in the name of the municipality fuel sources and reserves it deems necessary to the continued efficient operation of the municipal electric util…

Mich. Comp. Laws § 460.809 Facilities for transmission of energy; contracts with other power utilities.

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Sec. 9. The governing body of a municipal electric utility system may purchase, acquire, construct, improve, enlarge, extend, or repair facilities for the transmission of energy, and may contract for the purchase, sale, exchange, interchange, wheeling, pooling, or transmission of…

Mich. Comp. Laws § 460.810 Electric utility facilities; exercise of authority by governing body.

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Sec. 10. The governing body of a municipal electric utility system may exercise its authority to plan, finance, acquire, construct, own, operate, maintain, and improve electric utility facilities, individually, in joint venture agreements authorized by article 2, or in joint agen…

Mich. Comp. Laws § 460.811 Joint venture, joint agency agreement, or other joint endeavor; percentage of common facility to be owned; exception; defraying interest and other payments; operation and maintenance expenses.

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Sec. 11. A municipality engaging in a joint venture, joint agency agreement, or other joint endeavor described in section 10 and authorized by article 2 or article 3 shall own a percentage of any common facility equal to the percentage of the money furnished or the value of the p…

Mich. Comp. Laws § 460.812 Financing cost of electric utility facility; bonds.

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Sec. 12. A municipality may finance the cost of an electric utility facility, or its share of the cost of an electric utility facility acquired jointly pursuant to article 2 or article 3 or other law, by any lawful means available to the municipality, including the issuance of ge…

Mich. Comp. Laws § 460.813 Exemption from taxation.

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Sec. 13. To the extent of ownership by governmental units or joint agencies, projects undertaken pursuant to joint venture agreements authorized by article 2 or joint agency agreements authorized by article 3 of this act are exempt from assessment, collection, and levy of general…

Mich. Comp. Laws § 460.814 License agreements.

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Sec. 14. In connection with the ownership and operation of an electric utility facility, whether owned individually or jointly, the governing body of a municipal electric utility system may enter into the necessary license agreements with federal, state, or Canadian regulatory ag…

Mich. Comp. Laws § 460.815 Grants in aid and loans.

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Sec. 15. The governing body of a municipality or the board of commissioners of a joint agency may make application and enter into contracts for, and accept grants in aid and loans from state and federal agencies and private and public organizations for any purpose authorized by t…

Mich. Comp. Laws § 460.816 Eminent domain.

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Sec. 16. A municipality may take private property under Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Michigan Compiled Laws, for the purposes defined in and authorized by this act, which taking and use shall be considered necessary fo…

Mich. Comp. Laws § 460.821 Joint venture agreement; undivided interest in project; determination of future power requirements.

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Sec. 21. (1) A governmental unit may join in a joint venture agreement to plan, finance, develop, construct, reconstruct, acquire, improve, enlarge, better, own, operate, or maintain an undivided interest in a project situated within or without the state with 1 or more municipali…

Mich. Comp. Laws § 460.822 Joint venture agreement; proportion of undivided interest in project to be owned; percentage share of output and capacity; liability; restrictions as to money, property, or undivided share; acquisition of project; sources of money; providing property, services, and other considerations.

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Sec. 22. Pursuant to a joint venture agreement, each governmental unit shall own an undivided interest in a project or projects in proportion to the amount of money furnished or the value of property or other consideration supplied by the governmental unit for the planning, devel…

Mich. Comp. Laws § 460.823 Joint venture agreement; terms, conditions, and provisions; ratification of contracts by resolution; provisions of contract.

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Sec. 23. A joint venture agreement entered into by governmental units with respect to joint ownership in a project shall contain those terms, conditions, and provisions, not inconsistent with this act, as the governing bodies of the governmental units determine to be in the inter…

Mich. Comp. Laws § 460.824 Sale or exchange of capacity or output; licenses, permits, certificates, or approvals; contracts for electric power and energy; authority, rights, privileges, and immunities of personnel; annual report; operating and financial statement; audit.

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Sec. 24. (1) Capacity or output derived by a governmental unit from its ownership share of a project not then required by the governmental unit for its own use and for the use of its customers may be sold or exchanged by the governmental unit for a consideration and for a period …

Mich. Comp. Laws § 460.831 Joint agency; formation; creation; purpose; determination of best interest.

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Sec. 31. A joint agency is formed when the governing bodies of 2 or more municipalities by resolution determine that it is in the best interest of the municipalities in accomplishing the purposes of this act to create a joint agency for the purpose of undertaking the planning, fi…

Mich. Comp. Laws § 460.832 Board of commissioners; appointment and term of commissioners.

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Sec. 32. The joint agency shall be governed by a board of commissioners appointed by the respective governing bodies of the municipalities which are members of the joint agency. The governing body of each member municipality shall, by resolution, appoint 1 commissioner who, at th…

Mich. Comp. Laws § 460.833 Board of commissioners; officers; record of proceedings; custody of records, documents, minutes, and seal; copies; certificate.

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Sec. 33. The board of commissioners of a joint agency shall annually elect 1 of the commissioners as chairperson, another as vice-chairperson, and another person or persons, who may or may not be a commissioner, as treasurer, secretary, and if desired, assistant secretary. The of…

Mich. Comp. Laws § 460.833a Records, books, documents, and papers; exclusion from public disclosure; exception.

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Sec. 33a. (1) Records, books, documents, and papers of a joint agency or a municipal electric utility system, including those maintained electronically, may be exempted from public disclosure by the board of commissioners of the joint agency or the governing body of the municipal…

Mich. Comp. Laws § 460.834 Joint agency as public body politic and corporate; essential public function; articles of incorporation; amendments.

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Sec. 34. (1) A joint agency formed for the purposes provided in this article is a public body politic and corporate and the powers conferred by this act are considered to be the performance of an essential public function. (2) Any combination of 2 or more municipalities described…

Mich. Comp. Laws § 460.835 Board of commissioners; quorum; effect of vacancy; action authorized by resolution; expenses.

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Sec. 35. A majority of the commissioners of a joint agency shall constitute a quorum for the transaction of business of the joint agency. A vacancy in the board of commissioners of the joint agency shall not impair the rights of a quorum to exercise all the rights and perform all…

Mich. Comp. Laws § 460.836 Other municipality as member of joint agency; application; resolution; withdrawal.

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Sec. 36. After the creation of a joint agency, another municipality may become a member of the joint agency upon application to the joint agency after the adoption of a resolution of the governing body of the municipality as prescribed in section 31 of this article authorizing th…

Mich. Comp. Laws § 460.836a Municipal unit or other political subdivision of another state or Canadian province as member of joint agency; rights, privileges, and obligations.

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Sec. 36a. (1) A municipal unit or other political subdivision of another state or Canadian province owning a system for the generation, transmission, or distribution of electric power and energy for public or private use or proposing to own such a system may become a member or an…

Mich. Comp. Laws § 460.837 Joint agency; rights and powers generally.

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Sec. 37. A joint agency shall have the rights and powers necessary and convenient to effectuate this article, including, but not limited to, 1 or more of the following: (a) To adopt bylaws for the regulation of the affairs and conduct of its business, and to prescribe rules, regu…

Mich. Comp. Laws § 460.838 Board of commissioners; retention of general manager of joint agency; policies; retention of independent certified public accounting firm; rules.

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Sec. 38. Not more than 90 days after the initial election of officers of the board of commissioners of the joint agency, the board of commissioners shall: (a) Retain a general manager of the joint agency, on either an acting or permanent basis. (b) Establish broad policies coveri…

Mich. Comp. Laws § 460.839 General manager as chief executive and operating officer of joint agency; powers and duties generally.

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Sec. 39. (1) The general manager shall be the chief executive and operating officer of the joint agency. The general manager shall exercise the management of the properties and business of the joint agency and its employees. The general manager shall direct the enforcement of all…

Mich. Comp. Laws § 460.840 Determining future power requirements; considerations.

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Sec. 40. Before undertaking a project for the construction or acquisition of facilities for the transmission or generation of electric power and energy, a joint agency shall, based upon engineering studies and reports meeting the standards required under section 38(d), determine …

Mich. Comp. Laws § 460.841 Tax levy prohibited; pledging credit or taxing power; financing projects of joint agencies.

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Sec. 41. A joint agency may not levy taxes nor may it pledge the credit or taxing power of the state or a political subdivision, except for the pledging of receipts of taxes, special assessments, or charges collected by the state or a political subdivision and returnable and paya…

Mich. Comp. Laws § 460.842 Bonds; contractual obligations; resolution; bonds subject to revised municipal finance act; contracts or notes as to moneys advanced or property delivered; contracts pledging full faith and credit of municipality.

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Sec. 42. (1) A joint agency may issue bonds to pay all or part of project costs of the joint agency. The bonds shall be payable from and may be issued in anticipation of payment of the proceeds of any of the methods of financing described in section 41 or elsewhere in this act or…

Mich. Comp. Laws § 460.842a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.

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Sec. 42a. A petition under section 42, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, appli…

Mich. Comp. Laws § 460.843 Contract for purchase of capacity and output; payments; default; furnishing money, personnel, equipment, and property; advances or contributions; repayment.

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Sec. 43. (1) A municipality which is a member of a joint agency may contract to buy power and energy and transmission or other related rights from the joint agency, and separately, or through the joint agency, from any other power utility, required for the municipality's present …

Mich. Comp. Laws § 460.844 Sale or exchange of excess capacity or output.

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Sec. 44. (1) A joint agency may sell or exchange the excess capacity or output of a project not required by any of its members for consideration upon terms and conditions as determined by the parties. (2) A joint agency may do 1 or more of the following: (a) Transfer all or part …

Mich. Comp. Laws § 460.845 Eminent domain.

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Sec. 45. A joint agency may take private property under Act No. 149 of the Public Acts of 1911, as amended, or any other applicable law as determined necessary by a joint agency for carrying out its purpose, except that a joint agency shall not exercise its power of eminent domai…

Mich. Comp. Laws § 460.846 Dissolution of joint agency; resolution; vesting of title to funds and other properties.

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Sec. 46. When the board of commissioners of a joint agency and the governing bodies of its member municipalities shall by resolution determine that the purposes for which the joint agency was formed have been substantially fulfilled and that bonds issued and other obligations inc…

Mich. Comp. Laws § 460.847 Annual report.

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Sec. 47. A joint agency shall, following the close of each fiscal year, submit a report of its activities for the preceding year to the governing bodies of its member municipalities. The annual report shall set forth a complete operating and financial statement covering the opera…

Mich. Comp. Laws § 460.848 Annual audit.

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Sec. 48. The joint agency shall annually cause an audit of its books of records and accounts by a certified public accountant, and the cost of the audit may be treated as part of the cost of construction of a project or projects, or as part of the expense of administration of a p…