Title 460, PUBLIC UTILITIES

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.

Sec. 1. As used in this act: (a) "Commission" means the public service commission. (b) "Department" means the department of commerce. (c) "Public utility" means a steam, heat, electric, power, gas, water, wastewater, telecommunications, telegraph, communications, pipeline, or gas…

Sec. 2. The department within 30 days after the enactment into law of any appropriation to it, shall ascertain the amount of the appropriation attributable to the regulation of public utilities. This amount shall be assessed against the public utilities and shall be apportioned a…

Sec. 3. For the fiscal year commencing July 1, 1973 and annually thereafter, there shall be deducted from any amount to be assessed under section 2 an amount equal to the difference by which the actual expenditures for the previous fiscal year attributable to the regulation of pu…

Sec. 5. All moneys paid into the state treasury by a public utility under this act shall be credited to a special account, to be utilized solely to finance the cost of regulating public utilities.

Sec. 5a. Notwithstanding section 5, the commission may use assessments received under this act to administer the uniform video services local franchise act, 2006 PA 480, MCL 484.3301 to 484.3315.

Sec. 6. Within 15 days after the receipt of any statement of amount assessed under this act, the public utility may file with the commission objections setting forth in detail the grounds upon which the assessment is claimed to be excessive, erroneous, unlawful or invalid. The co…

Sec. 7. A suit or proceeding shall not be maintained in a court for the purpose of restraining or delaying the collection or payment of an assessment made under this act. A person or corporation making a payment under this act, believing the amount to be excessive, erroneous, unl…

Sec. 8. The commission may exempt a public utility from this act, if, after notice and hearing, it determines that gross revenues derived from intrastate operations is not a fair or equitable basis for assessing the costs of regulating that public utility and prescribes a fair an…

Sec. 9. Any public utility over which the commission has jurisdiction solely pursuant to the provisions of Act No. 9 of the Public Acts of 1929, as amended, being sections 483.101 to 483.120 of the Compiled Laws of 1948 or Act No. 16 of the Public Acts of 1929, as amended, being …

Sec. 10. This act shall take effect when Senate Bill No. 699 of 1971 is enacted and becomes effective.

Sec. 1. This act shall be known and may be cited as the "propane commission act".

Sec. 2. As used in this act: (a) "Commission" means the propane commission created in section 3. (b) "Department" means the department of agriculture and rural development. (c) "Director" means the director of the department. (d) "Education" means any action to provide propane co…

Sec. 3. (1) The propane commission is created within the department. (2) The commission is composed of all of the following: (a) The director, or an individual designated by the director from the director's staff, who serves as a nonvoting, ex officio member of the commission. (b…

Sec. 5. (1) The commission shall educate residents, business owners, and other users of propane on the safe use of propane, and promote the use of high efficiency appliances and equipment through rebate and incentive programs for Michigan residents. The commission may develop pro…

Sec. 6. The commission is a body corporate and may sue and be sued, plead and be impleaded, contract and be contracted with, and carry out all powers granted to it. The commission is a public body and has the powers necessary to effectuate the purposes of this act. A grant of pow…

Sec. 7. (1) Subject to a referendum under section 11(2), beginning on January 1 of the year following the effective date of this act, an initial assessment at the rate of 1/10 of 1 cent per gallon is levied upon odorized propane sold and placed into commerce in this state. The co…

Sec. 8. Money, assets, or other items of value collected or received under this act, whether collected from assessments, received as grants or gifts, or earned from royalties or license fees or derived from any activities performed by an organization, agency, or individual and co…

Sec. 9. A person that fails to collect or remit an assessment under this act shall pay to the commission the amount due, plus both of the following: (a) A late fee of 10% of the amount due. (b) An additional late fee of 1% of the amount due for each month the payment is overdue.

Sec. 10. (1) The department shall enforce the provisions of this act. The commission shall reimburse the department for costs incurred by the department in holding referenda, reviewing petitions, and enforcing this act. The money received by the department must be allocated for t…

Sec. 11. (1) All of the following apply to a referendum held under subsection (2) or (3): (a) Each retail propane marketer with customers in this state is entitled to 1 vote representing a single firm, individual proprietorship, corporation, company, association, partnership, or …

Sec. 1. A public utility regulated by the Michigan public service commission may require a ratepayer to pay a deposit as a guaranty for the payment of the utility's services. In the absence of specific rules adopted by the commission, the terms and conditions for a guaranty depos…

Sec. 2. The Michigan public service commission may prescribe by rule all of the following: (a) The circumstances under which a utility may require a guaranty deposit. (b) The amount of the guaranty deposit. (c) The interest rate payable on the guaranty deposit. (d) The method by …

Sec. 1. (1) This act shall be known and may be cited as the "small wireless communications facilities deployment act". (2) The purpose of the act is to do all of the following: (a) Increase investment in wireless networks that will benefit the citizens of this state by providing …

Sec. 3. As used in this act: (a) "Affiliated transmission company" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562. (b) "Antenna" means communications equipment that transmits or receives electromagnetic radio f…

Sec. 5. As used in this act: (a) "Colocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Collocation" has a corresponding meaning. Colocate does not include make-ready work or t…

Sec. 7. As used in this act: (a) "Law" means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance. (b) "Make-ready work" means work necessary to enable an authority pole or utility pole to support collocation, which may in…

Sec 9. As used in this act: (a) "Utility pole" means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structu…

Sec. 11. (1) Except as provided in this act, an authority shall not prohibit, regulate, or charge for the collocation of small cell wireless facilities. (2) The approval of a small cell wireless facility under this act authorizes only the collocation of a small cell wireless faci…

Sec. 13. (1) This section applies only to activities of a wireless provider within the public right-of-way for the deployment of small cell wireless facilities and associated new or modified utility poles. (2) An authority shall not enter into an exclusive arrangement with any pe…

Sec. 15. (1) This section applies to activities of a wireless provider within the public right-of-way. (2) Except as otherwise provided in subsection (5), an authority may require a permit to colocate a small cell wireless facility or install, modify, or replace a utility pole on…

Sec. 17. (1) The activities set forth in section 15(5) are exempt from zoning review. Subsections (2) to (4) apply to zoning reviews for the following activities that are subject to zoning review and approval, that are not a permitted use under section 13(5), and that take place …

Sec. 19. (1) An authority shall not enter into an exclusive arrangement with any person for the right to attach to authority poles. A person who purchases, controls, or otherwise acquires an authority pole is subject to the requirements of this section. (2) The rate for the collo…

Sec. 21. (1) The governing body of a municipally owned electric utility shall not enter into an exclusive arrangement with any person for the right to attach to nonauthority poles. (2) The governing body of a municipally owned electric utility shall allow the collocation of small…

Sec. 23. (1) An attaching entity, and all contractors or parties under its control, shall comply with reliability, safety, and engineering standards adopted by the governing body of a municipally owned electric utility, including, but not limited to, the following: (a) Applicable…

Sec. 25. An authority does not have jurisdiction or authority over the design, engineering, construction, installation, or operation of a small cell wireless facility located in an interior structure or upon a campus of an institution of higher education including any stadiums or…

Sec. 27. The circuit court has jurisdiction to determine all disputes arising under this act. Venue lies in the judicial circuit where the authority or municipally owned electric utility is located. In addition to its right to appeal to the circuit court, an applicant may elect, …

Sec. 29. As part of the permit process under section 15, a zoning approval process under section 17, or a request process under section 21, an authority or the governing body of a municipally owned electric utility may require a wireless provider to do the following with respect …

Sec. 31. An authority may establish a fee or rate less than the maximum specified in section 13(3), 15(3), 17(4), or 19(2), subject to other requirements of this act.

Sec. 33. (1) As a condition of a permit described in this act, an authority may adopt bonding requirements for small cell wireless facilities if both of the following requirements are met: (a) The authority imposes similar requirements in connection with permits issued for simila…

Sec. 35. A small cell wireless facility for which a permit is issued shall be labeled with the name of the wireless provider, emergency contact telephone number, and information that identifies the small cell wireless facility and its location.

Sec. 37. A wireless provider is responsible for arranging and paying for the electricity used to operate a small cell wireless facility.

Sec. 39. (1) This act does not add to, replace, or supersede any law regarding poles or conduits, similar structures, or equipment of any type owned or controlled by an investor-owned utility whose rates are regulated by the MPSC, an affiliated transmission company, an independen…

Sec. 1. This act shall be known and may be cited as the "municipal utility residential clean energy program act".

Sec. 3. As used in this act: (a) "District" means a district created under a clean energy program by a municipality. (b) "Energy efficiency improvement" means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the follo…