HOUSE BILL NO. 5311
November 09, 2023, Introduced by Reps. St. Germaine, Roth, Rigas, Alexander, DeBoyer,
Schmaltz, Steele, Borton, Thompson, Kunse, Martin, Markkanen, Jaime Greene and Cavitt and
referred to the Committee on Government Operations.
A bill to amend 1939 PA 3, entitled
"An act to provide for the regulation and control of public and
certain private utilities and other services affected with a public
interest within this state; to provide for alternative energy
suppliers; to provide for licensing; to include municipally owned
utilities and other providers of energy under certain provisions of
this act; to create a public service commission and to prescribe
and define its powers and duties; to abolish the Michigan public
utilities commission and to confer the powers and duties vested by
law on the public service commission; to provide for the powers and
duties of certain state governmental officers and entities; to
provide for the continuance, transfer, and completion of certain
matters and proceedings; to abolish automatic adjustment clauses;
to prohibit certain rate increases without notice and hearing; to
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qualify residential energy conservation programs permitted under
state law for certain federal exemption; to create a fund; to
encourage the utilization of resource recovery facilities; to
prohibit certain acts and practices of providers of energy; to
allow for the securitization of stranded costs; to reduce rates; to
provide for appeals; to provide appropriations; to declare the
effect and purpose of this act; to prescribe remedies and
penalties; and to repeal acts and parts of acts,"
by amending section 1 (MCL 460.1).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) A commission to be known and designated as the
2 "Michigan public service commission" is hereby created, which The
3 Michigan public service commission is created in the department of
4 licensing and regulatory affairs.
5 (2) The commission shall consist of 3 5 members, not more than
6 2 of whom shall be are members of the same political party,
7 appointed as follows:
8 (a) Three members appointed by the governor with the advice
9 and consent of the senate.
10 (b) One member appointed by the governor from a list submitted
11 by the senate majority leader.
12 (c) One member appointed by the governor from a list submitted
13 by the speaker of the house of representatives.
14 (3) Each member shall of the commission must be a citizen of
15 the United States , and of the this state. of Michigan, and no
16 member of said commission A member of the commission shall not be
17 pecuniarily interested in any public utility or public service
18 person subject to the jurisdiction and control of the commission.
19 During his a member's term, no a member of the commission shall not
20 serve as an officer or committee member of any political party
21 organization, or hold any office, or be employed by any other
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1 commission, board, department, or institution in this state. No
2 commission
3 (4) A member of the commission shall not be retained or
4 employed by any public utility or public service person subject to
5 the jurisdiction and control of the commission during the time he
6 while the member is acting as such commissioner, and a member of
7 the commission or for 6 months thereafter, and no after that time.
8 (5) A member of the commission , who is a member of the bar of
9 the state State Bar of Michigan , shall not practice his profession
10 law or act as counselor or attorney in any court of this state
11 during the time he while the individual is a member of said the
12 commission. : Provided, however, This shall
13 (6) This section does not require any commissioner member of
14 the commission to retire from , or dissolve any partnership , of
15 which he the individual is a member, but said the partnership ,
16 while he is a member of the commission, shall must not engage in
17 public utility practice . Immediately upon the taking effect of
18 this act, the offices of the present members of the Michigan public
19 service commission are hereby abolished, and the members of the
20 Michigan public service commission as herein created shall be
21 appointed by the governor with the advice and consent of the
22 senate, for terms of 6 years each: Provided, That of the members
23 first appointed, 1 shall be appointed for a term of 2 years, 1 for
24 a term of 4 years, and 1 for a term of 6 years. Upon the expiration
25 of said terms successors shall be appointed with like
26 qualifications and in like manner for terms of 6 years each, and
27 until their successors are appointed and qualified. Vacancies shall
28 be filled in the same manner as is provided for appointment in the
29 first instance.while the individual is a member of the commission.
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1 (7) Members of the commission shall serve for terms of 4 years
2 or until a successor is appointed, whichever is later. If a vacancy
3 occurs on the commission, the governor shall make an appointment
4 for the unexpired term in the same manner as the original
5 appointment.
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Statutes affected:
House Introduced Bill: 460.1