reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848) › Article 3 - (460.831...460.848) › Section 460.848 - Annual Audit.

460.848 Annual audit.
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 project covered by the audit.
History:
1976, Act 448, Imd. Eff. Jan. 13, 1977
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 242 of 2009 - Energy Efficiency and Renewable Energy Revolving Loan Fund (460.911 - 460.913) › Section 460.911 - Definitions.

460.911 Definitions.
Sec. 1.
As used in this act:
(a) "Department" means the department of energy, labor, and economic growth.
(b) "Fund" means the energy efficiency and renewable energy revolving loan fund created in section 2.
History:
2009, Act 242, Imd. Eff. Jan. 8, 2010
Compiler's Notes:
For transfer of energy efficiency and renewable energy revolving loan fund from department of energy, labor, and economic growth to Michigan strategic fund, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 242 of 2009 - Energy Efficiency and Renewable Energy Revolving Loan Fund (460.911 - 460.913) › Section 460.912 - Energy Efficiency and Renewable Energy Revolving Loan Fund; Creation; Deposit of Money or Other Assets; Administration; Expenditures; Loan Agreement; Provisions.

460.912 Energy efficiency and renewable energy revolving loan fund; creation; deposit of money or other assets; administration; expenditures; loan agreement; provisions.
Sec. 2.
(1) The energy efficiency and renewable energy revolving loan fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to administer and operate a program to provide loans, grants, and other forms of assistance to public or private entities for energy efficiency and renewable energy projects. The program shall be consistent with part D of title III of the energy policy and conservation act, 42 USC 6321 to 6326, and other state and federal law, as applicable. Projects eligible for assistance from the program, the amount of assistance provided, and other conditions shall be determined by the department. This subsection is subject to section 3.
(6) If program assistance under subsection (5) is in the form of a loan, the loan shall be made through a loan agreement. A loan agreement shall contain appropriate provisions relating to maturity or length of the loan, repayment terms, state or local funding requirements, and other provisions as are necessary to comply with state and federal law.
History:
2009, Act 242, Imd. Eff. Jan. 8, 2010
Compiler's Notes:
For transfer of energy efficiency and renewable energy revolving loan fund from department of energy, labor, and economic growth to Michigan strategic fund, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 242 of 2009 - Energy Efficiency and Renewable Energy Revolving Loan Fund (460.911 - 460.913) › Section 460.913 - Assistance With Money Received Under American Recovery and Reinvestment Act of 2009; Condition.

460.913 Assistance with money received under American recovery and reinvestment act of 2009; condition.
Sec. 3.
If the department provides a grant, loan, or other form of assistance for an energy efficiency or renewable energy project with money received under the American recovery and reinvestment act of 2009, Public Law 111-5, including, but not limited to, money in the fund, the department shall not impose a condition on the assistance that is more restrictive than required under the American recovery and reinvestment act of 2009, Public Law 111-5, other than a reasonable administrative condition.
History:
2009, Act 242, Imd. Eff. Jan. 8, 2010
Compiler's Notes:
For transfer of energy efficiency and renewable energy revolving loan fund from department of energy, labor, and economic growth to Michigan strategic fund, see E.R.O. No. 2011-4, compiled at MCL 445.2030.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.931 - Short Title.

460.931 Short title.
Sec. 1.
This act shall be known and may be cited as the "property assessed clean energy act".
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.935 - Property Assessed Clean Energy Program; Establishment by Local Unit of Government; Contract With Record Owner of Property; Financing.

460.935 Property assessed clean energy program; establishment by local unit of government; contract with record owner of property; financing.
Sec. 5.
(1) Pursuant to section 7, a local unit of government may establish a property assessed clean energy program and may create a district or districts under the program.
(2) Under a property assessed clean energy program, the local unit of government may enter into a contract with the record owner of property within a district to finance or refinance 1 or more projects on the property. The contract may provide for the repayment of the cost of a project through assessments on the property benefited. The financing or refinancing may include the cost of materials and labor necessary for the project and the amount of permit fees, inspection fees, application and administrative fees, bank fees, or any other fees that may be incurred by the record owner for the installation on a specific or pro rata basis, as determined by the local unit of government.
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.937 - Establishment; Actions to Be Taken by Governing Body; Amendment by Resolution.

460.937 Establishment; actions to be taken by governing body; amendment by resolution.
Sec. 7.
(1) To establish a property assessed clean energy program, a governing body shall take the following actions in the following order:
(a) Adopt a resolution of intent that includes all of the following:
(i) A finding that the financing of projects is a valid public purpose.
(ii) A statement of intent to provide funds for projects, which may be repaid by assessments on the property benefited, with the agreement of the record owner.
(iii) A description of the proposed arrangements for financing the program.
(iv) The types of projects that may be financed.
(v) Reference to a report on the proposed program as described in section 9(1) and a location where the report is available pursuant to section 9(2).
(vi) The time and place for a public hearing on the proposed program.
(b) Hold a public hearing at which the public may comment on the proposed program, including the report described in section 9(1).
(c) Adopt a resolution establishing the program and setting forth its terms and conditions, including all of the following:
(i) Matters required by section 9(1) to be included in the report. For this purpose, the resolution may incorporate the report or an amended version of the report by reference.
(ii) A description of aspects of the program that may be amended without holding a new public hearing and aspects that may be amended only after a new public hearing is held.
(2) The governing body may amend a property assessed clean energy program by resolution. Before adopting the resolution, the governing body shall hold a public hearing if required under subsection (1)(c).
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.941 - Imposition of Assessment; Written Contract; Verification.

460.941 Imposition of assessment; written contract; verification.
Sec. 11.
(1) A local unit of government may impose an assessment under a property assessed clean energy program only pursuant to a written contract entered into under section 5(2) with the record owner of the property to be assessed.
(2) Before entering into a contract with the record owner under section 5(2), the local unit of government must verify that none of the following are delinquent with respect to the property:
(a) A tax, special assessment, or water or sewer charge.
(b) An assessment for another project under a property assessed clean energy program.
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.943 - Assessment as Lien Against Property; Installments to Be Included in Summer and Winter Tax Bill.

460.943 Assessment as lien against property; installments to be included in summer and winter tax bill.
Sec. 13.
(1) An assessment imposed under a property assessed clean energy program, including any interest on the assessment and any penalty, constitute a lien against the property on which the assessment is imposed until the assessment, including any interest or penalty, is paid in full. The lien runs with the property and has the same priority and status as other property tax and assessment liens. The local unit of government has all rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest or penalty, is paid, the local unit of government shall remove the lien from the property.
(2) Installments of assessments due under a property assessed clean energy program shall be managed as provided in 1 of the following:
(a) Included in each summer and winter tax bill issued under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155, and collected at the same time and in the same manner as taxes collected under that act.
(b) Billed and collected as provided in a special assessment ordinance of general applicability adopted by the local unit of government pursuant to state law or local charter.
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.945 - Bonds or Notes; Issuance.

460.945 Bonds or notes; issuance.
Sec. 15.
(1) A local unit of government may issue bonds or notes to finance projects under a property assessed clean energy program.
(2) Bonds or notes issued under subsection (1) shall not be general obligations of the local unit of government, but shall be secured by 1 or more of the following as provided by the governing body in the resolution or ordinance approving the bonds or notes:
(a) Payments of assessments on benefited property within the district or districts specified.
(b) Reserves established by the local unit of government from grants, bond or note proceeds, or other lawfully available funds.
(c) Municipal bond insurance, lines or letters of credit, public or private guaranties, standby bond purchase agreements, collateral assignments, mortgages, or any other available means of providing credit support or liquidity, including, but not limited to, arrangements described in section 315 of the revised municipal finance act, 2001 PA 34, MCL 141.2315.
(d) Tax increment revenues that may be lawfully available for that purpose.
(e) Any other resources lawfully available for that purpose.
(3) A pledge of assessments, funds, or contractual rights made by a governing body in connection with the issuance of bonds or notes by a local unit of government under this act constitutes a statutory lien on the assessments, funds, or contractual rights so pledged in favor of the person or persons to whom the pledge is given, without further action by the governing body. The statutory lien is valid and binding against all other persons, with or without notice.
(4) Bonds or notes of 1 series issued under this act may be secured on a parity with bonds or notes of another series issued by the local unit of government pursuant to the terms of a master indenture or master resolution entered into or adopted by the governing body of the local unit of government.
(5) Bonds or notes issued under this act are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
(6) Bonds or notes issued under this act, and interest payable on the bonds and notes, are exempt from taxation by this state and its political subdivisions.
(7) Bonds or notes issued under this act further essential public and governmental purposes, including, but not limited to, reduced energy costs, reduced greenhouse gas emissions, improved public health, protection against climate hazards and other environmental hazards, economic stimulation and development, improved property valuation, and increased employment.
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.947 - Self-Directed Energy Waste Reduction Plan.

460.947 Self-directed energy waste reduction plan.
Sec. 17.
A commercial or industrial electric customer that installs or modifies an electric energy efficiency improvement under a property assessed clean energy program is exempt from the energy optimization charges the customer would otherwise incur under section 89 or 91 of the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1089 and 460.1091, if the customer conducts a self-directed energy waste reduction plan under and subject to the applicable requirements of section 93 of the clean and renewable energy and energy waste reduction act, 2008 PA 295, MCL 460.1093. These requirements include, but are not limited to, the requirement that the plan provide for aggregate energy savings that each year meet or exceed the energy waste reduction standards based on the electricity purchases in the previous year for the site or sites covered by the self-directed plan.
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010 ;-- Am. 2023, Act 107, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 270 of 2010 - Property Assessed Clean Energy Act (460.931 - 460.949) › Section 460.949 - Property Assessed Clean Energy Program; Joint Implementation.

460.949 Property assessed clean energy program; joint implementation.
Sec. 19.
(1) A local unit of government may join with any other local unit of government, or with any person, or with any number or combination thereof, by contract or otherwise as may be permitted by law, for the implementation of a property assessed clean energy program, in whole or in part.
(2) If a property assessed clean energy program is implemented jointly by 2 or more local units of government pursuant to subsection (1), a single public hearing held jointly by the cooperating local units of government is sufficient to satisfy the requirements of section 7(1)(b).
History:
2010, Act 270, Imd. Eff. Dec. 14, 2010
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 408 of 2014 - Municipal Utility Residential Clean Energy Program (460.961 - 460.971) › Section 460.961 - Short Title.

460.961 Short title.
Sec. 1.
This act shall be known and may be cited as the "municipal utility residential clean energy program act".
History:
2014, Act 408, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 408 of 2014 - Municipal Utility Residential Clean Energy Program (460.961 - 460.971) › Section 460.965 - Powers of Municipality.

460.965 Powers of municipality.
Sec. 5.
(1) Pursuant to section 7, a municipality may do all of the following:
(a) Establish a residential clean energy program.
(b) From time to time, designate a district or districts within its territorial jurisdiction where residents are served by a municipal electric utility. Districts may be separate, overlapping, or coterminous.
(2) Under a residential clean energy program, the municipality may enter into a contract with a record owner of property within a district to finance or refinance 1 or more energy projects on the property. The financing or refinancing may include the cost of materials and labor necessary for installation, home energy audit costs, permit fees, inspection fees, application and administrative fees, bank fees, and all other fees that may be incurred by the record owner for the installation on a specific or pro rata basis, as determined by the municipality.
History:
2014, Act 408, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 408 of 2014 - Municipal Utility Residential Clean Energy Program (460.961 - 460.971) › Section 460.967 - Residential Clean Energy Program; Actions; Order; Amendment by Resolution.

460.967 Residential clean energy program; actions; order; amendment by resolution.
Sec. 7.
(1) To establish a residential clean energy program, the governing body of a municipality shall take the following actions in the following order:
(a) Adopt a resolution of intent that includes all of the following:
(i) A finding that the financing of energy projects is a valid public purpose.
(ii) A statement of intent to provide funds for financing energy projects, which may be repaid by charges on the electric utility bills for the properties benefited, with the agreement of the record owners.
(iii) A description of the proposed arrangements for financing the program.
(iv) The types of energy projects that may be financed.
(v) Reference to a report on the proposed program as described in section 11(1) and the internet address and office location where the report is available under section 11(2).
(vi) The time and place for a public hearing on the proposed program.
(b) Hold a public hearing on the proposed program, including the report described under section 11.
(c) Adopt a resolution or ordinance establishing the program and setting forth its terms and conditions, including all of the following:
(i) Matters required by section 11 to be included in the report. For this purpose, the resolution may incorporate the report or an amended version thereof by reference.
(ii) If the program is established by a resolution, a description of which aspects of the program may be amended without a new public hearing and which aspects may be amended only after a new public hearing is held.
(2) A residential clean energy program established by resolution or ordinance may be amended by resolution of the governing body or ordinance, respectively. Before the governing body adopts an amendment by resolution, the governing body shall conduct a public hearing if required pursuant to subsection (1)(c)(ii).
History:
2014, Act 408, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 408 of 2014 - Municipal Utility Residential Clean Energy Program (460.961 - 460.971) › Section 460.969 - Residential Clean Energy Program; Administration; Loans; Payment; Shut Off for Nonpayment of Per-Meter Charge; Obligation to Run With the Land.

460.969 Residential clean energy program; administration; loans; payment; shut off for nonpayment of per-meter charge; obligation to run with the land.
Sec. 9.
(1) A residential clean energy program may be administered by a nonprofit corporation, including, but not limited to, a nonprofit corporation formed under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o. The nonprofit corporation's administration of the program may be funded by money appropriated by the municipality, transferred from the municipality's electric utility, if any, or provided by private sources.
(2) A residential clean energy program may provide for financing energy projects through loans made to property owners by the municipal electric utility, by a nonprofit corporation described in subsection (1), or by commercial lenders. Loans by commercial lenders may be facilitated by the nonprofit corporation.
(3) If a nonprofit corporation makes loans to owners of property under subsection (2), all of the following apply:
(a) Interest shall be charged on the unpaid balance at a rate of not more than the adjusted prime rate as determined under section 23 of 1941 PA 122, MCL 205.23, plus 4%.
(b) A loan shall be repaid in monthly installments, subject to section 11(1)(i).
(c) The lender shall comply with all state and federal laws applicable to the extension of credit for home improvements.
(4) The program may provide for billing customers of the municipal electric utility any fees under section 11(1)(h)(ii) and the monthly installment payments as a per-meter charge on the bill for electric services. The payment shall be considered part of the charges for electric services to the property for purposes of enforcement as provided under section 21 of the revenue bond act of 1933, 1933 PA 94, MCL 141.121.
(5) Electric service may be shut off for nonpayment of the per-meter charge under subsection (4) in the same manner and pursuant to the same procedures as used to enforce nonpayment of other charges for electric service. If notice of a loan under the program is recorded with the register of deeds for the county in which the property is located, the obligation to pay the per-meter charge shall run with the land and be binding on future customers contracting for electric service to the property.
History:
2014, Act 408, Imd. Eff. Dec. 30, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Repealed - Act 297 of 2010 - Energy for Economic Development Act of 2010 (460.991 - 460.995)

ENERGY FOR ECONOMIC DEVELOPMENT ACT OF 2010
Act 297 of 2010
460.991-460.995 Repealed. 2010, Act 297, Eff. Dec. 1, 2015
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1001 - Short Title; Purpose and Goal of Act.

***** 460.1001 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 27, 2024: See 460.1001.amended *****
460.1001 Short title; purpose and goal of act.
Sec. 1.
(1) This act shall be known and may be cited as the "clean and renewable energy and energy waste reduction act".
(2) The purpose of this act is to promote the development and use of clean and renewable energy resources and the reduction of energy waste through programs that will cost-effectively do all of the following:
(a) Diversify the resources used to reliably meet the energy needs of consumers in this state.
(b) Provide greater energy security through the use of indigenous energy resources available within the state.
(c) Encourage private investment in renewable energy and energy waste reduction.
(d) Coordinate with federal regulations to provide improved air quality and other benefits to energy consumers and citizens of this state.
(e) Remove unnecessary burdens on the appropriate use of solid waste as a clean energy source.
(3) As a goal, not less than 35% of this state's electric needs should be met through a combination of energy waste reduction and renewable energy by 2025, if the investments in energy waste reduction and renewable energy are the most reasonable means of meeting an electric utility's energy and capacity needs relative to other resource options. Both of the following count toward achievement of the goal:
(a) All renewable energy, including renewable energy credits purchased or otherwise acquired with or without the associated renewable energy, and any banked renewable energy credits, that counted toward the renewable energy standard on the effective date of the 2016 amendatory act that added this subsection, as well as renewable energy credits granted as a result of any investments made in renewable energy by the utility or a utility customer after that effective date.
(b) The sum of the annual electricity savings since October 6, 2008, as recognized by the commission through annual reconciliation proceedings, that resulted from energy waste reduction measures implemented under an energy optimization plan or energy waste reduction plan approved under section 73.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1001.amended - Short Title; Purpose and Goal of Act; Compliance Costs and Savings.

***** 460.1001.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1001.amended Short title; purpose and goal of act; compliance costs and savings.
Sec. 1.
(1) This act may be cited as the "clean and renewable energy and energy waste reduction act".
(2) The purpose of this act is to promote the development and use of clean and renewable energy resources and the reduction of energy waste through programs that will cost-effectively do all of the following:
(a) Diversify the resources used to reliably meet the energy needs of consumers in this state.
(b) Provide greater energy security through the use of indigenous energy resources available within this state.
(c) Encourage private investment in renewable energy and energy waste reduction.
(d) Coordinate with federal regulations to provide improved air quality and other benefits to energy consumers and citizens of this state.
(e) Provide more reliable and resilient energy supplies during periods of extreme weather.
(3) Pursuant to the reconciliation processes provided for in this act, the commission shall determine the costs and savings resulting from compliance with the renewable energy, clean energy, and energy waste reduction programs required under this act and include those costs and savings in the determination of the rates charged to customers of the electric and natural gas providers. This section does not prohibit the commission from authorizing shared savings or incentive programs as provided for in this act.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017 ;-- Am. 2023, Act 235, Eff. Feb. 27, 2024
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1003 - Definitions; a to D.

***** 460.1003 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 27, 2024: See 460.1003.amended *****
460.1003 Definitions; A to D.
Sec. 3.
As used in this act:
(a) "Applicable regional transmission organization" means a nonprofit, member-based organization governed by an independent board of directors that serves as the regional transmission organization approved by the Federal Energy Regulatory Commission with oversight responsibility for the region that includes the provider's service territory.
(b) "Biomass" means any organic matter that is not derived from fossil fuels, that can be converted to usable fuel for the production of energy, and that replenishes over a human, not a geological, time frame, including, but not limited to, all of the following:
(i) Agricultural crops and crop wastes.
(ii) Short-rotation energy crops.
(iii) Herbaceous plants.
(iv) Trees and wood, but only if derived from sustainably managed forests or procurement systems, as defined in section 261c of the management and budget act, 1984 PA 431, MCL 18.1261c.
(v) Paper and pulp products.
(vi) Precommercial wood thinning waste, brush, or yard waste.
(vii) Wood wastes and residues from the processing of wood products or paper.
(viii) Animal wastes.
(ix) Wastewater sludge or sewage.
(x) Aquatic plants.
(xi) Food production and processing waste.
(xii) Organic by-products from the production of biofuels.
(c) "Board" means the wind energy resource zone board created under section 143.
(d) "Carbon dioxide emissions benefits" means that the carbon dioxide emissions per megawatt hour of electricity generated by the advanced cleaner energy system are at least 85% less or, for an integrated gasification combined cycle facility or an integrated pyrolysis combined cycle facility, 70% less than the average carbon dioxide emissions per megawatt hour of electricity generated from all coal-fired electric generating facilities operating in this state on January 1, 2008.
(e) "Cogeneration facility" means a facility that produces both electricity and useful thermal energy, such as heat or steam, in a way that is more efficient than the separate production of those forms of energy.
(f) "Commission" means the Michigan public service commission.
(g) "Customer meter" means an electric meter of a provider's retail customer. Customer meter does not include a municipal water pumping meter or additional meters at a single site that were installed specifically to support interruptible air conditioning, interruptible water heating, net metering, or time-of-day tariffs.
(h) "Distributed generation program" means the program established by the commission under section 173.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1009 - Definitions; N to P.

***** 460.1009 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 27, 2024: See 460.1009.amended *****
460.1009 Definitions; N to P.
Sec. 9.
As used in this act:
(a) "Natural gas provider" means an investor-owned business engaged in the sale and distribution at retail of natural gas within this state whose rates are regulated by the commission.
(b) "Pet coke" means a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations.
(c) "Plasma arc gasification facility" means a gasification facility that uses a plasma torch to break substances down into their molecular structures.
(d) "Provider" means an electric provider or a natural gas provider.
(e) "PURPA" means the public utility regulatory policies act of 1978, Public Law 95-617.
(f) "Pyrolysis facility" means a facility that effects thermochemical decomposition at elevated temperatures without the participation of oxygen, from carbon-based feedstocks including, but not limited to, coal, wood, biomass, industrial waste, or solid waste, but not including pet coke, hazardous waste, coal waste, or scrap tires. Pyrolysis facility includes the transmission lines, gas transportation lines and facilities, and associated property and equipment specifically attributable to the facility. Pyrolysis facility includes, but is not limited to, an integrated pyrolysis combined cycle facility.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1009.amended - Definitions; N to P.

***** 460.1009.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1009.amended Definitions; N to P.
Sec. 9.
As used in this act:
(a) "Natural gas provider" means an investor-owned business engaged in the sale and distribution at retail of natural gas within this state whose rates are regulated by the commission.
(b) "Pet coke" means a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations.
(c) "Provider" means an electric provider or a natural gas provider.
(d) "PURPA" means the public utility regulatory policies act of 1978, Public Law 95-617.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017 ;-- Am. 2023, Act 235, Eff. Feb. 27, 2024
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1013 - Definitions; S to W.

***** 460.1013 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 27, 2024: See 460.1013.amended *****
460.1013 Definitions; S to W.
Sec. 13.
As used in this act:
(a) "Site" means a contiguous site, regardless of the number of meters at that site. A site that would be contiguous but for the presence of a street, road, or highway is considered to be contiguous for the purposes of this subdivision.
(b) "Transmission line" means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more.
(c) "True net metering" means a utility billing method that applies the full retail rate to the net of the bidirectional flow of kilowatt hours across the customer interconnection with the utility distribution system, during a billing period or time-of-use pricing period. A negative net metered quantity during the billing period or during each time-of-use pricing period within the billing period reflects net excess generation for which the customer is entitled to receive credit under section 177(4). This subdivision is subject to section 177(5).
(d) "Utility system resource cost test" means a standard that is met for an investment in energy waste reduction if, on a life cycle basis, the total avoided supply-side costs to the provider, including representative values for electricity or natural gas supply, transmission, distribution, and other associated costs, are greater than the total costs to the provider of administering and delivering the energy waste reduction program, including net costs for any provider incentives paid by customers and capitalized costs recovered under section 89.
(e) "Wind energy conversion system" means a system that uses 1 or more wind turbines to generate electricity and has a nameplate capacity of 100 kilowatts or more.
(f) "Wind energy resource zone" or "wind zone" means an area designated by the commission under section 147.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-1. - Part 1. General Provisions (460.1001...460.1013.amended) › Section 460.1013.amended - Definitions; S to W.

***** 460.1013.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1013.amended Definitions; S to W.
Sec. 13.
As used in this act:
(a) "Site" means, except as used in part 8, a contiguous site, regardless of the number of meters at that site. A site that would be contiguous but for the presence of a street, road, or highway is considered to be contiguous for the purposes of this subdivision.
(b) "Transmission line" means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more.
(c) "Utility system resource cost test" means a standard that is met for an investment in energy waste reduction if, on a life cycle basis, using a real societal discount rate based on actual long-term United States treasury bond yields, the total avoided supply-side costs to the provider, including representative values for electricity or natural gas supply, transmission, distribution, and other associated costs, are greater than the total costs to the provider of administering and delivering the energy waste reduction program, including net costs for any provider incentives paid by customers and capitalized costs recovered under section 89.
(d) "Wind energy conversion system" means a system that uses 1 or more wind turbines to generate electricity and has a nameplate capacity of 100 kilowatts or more.
(e) "Wind energy resource zone" or "wind zone" means an area designated by the commission under section 147.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017 ;-- Am. 2023, Act 233, Eff. Nov. 29, 2024 ;-- Am. 2023, Act 235, Eff. Feb. 27, 2024
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1021 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1021 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to filing of proposed renewable energy plan by electric provider and approval of commission.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1023 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1023 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to filing of proposed renewable energy plan by alternative electric supplier or cooperative electric utility and approval by commission.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1025 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1025 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to filing of proposed renewable energy plan by municipally-owned electric utility and approval by commission.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1027 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1027 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to electric provider's renewable energy capacity portfolio.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1031 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1031 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to extensions of 2015 renewable energy standard deadline.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1032.added - Extension of Renewable Energy Credit Portfolio Deadline; Petition; Notification to Legislature.

***** 460.1032.added THIS ADDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1032.added Extension of renewable energy credit portfolio deadline; petition; notification to legislature.
Sec. 32.
(1) Upon petition by an electric provider, the commission may, upon a showing of good cause, grant an extension of a renewable energy credit portfolio deadline under section 28. Each extension shall not exceed 2 years. An extension of a deadline does not affect a subsequent deadline.
(2) In a petition under subsection (1), an electric provider must include a plan for resolving the barrier to compliance and must make a showing of good cause by demonstrating any of the following:
(a) Despite all commercially reasonable efforts by the electric provider to comply with the deadline, compliance is not practically feasible for reasons that may include, but are not limited to, zoning, siting, permitting, supply chains, transmission interconnection, labor shortages, delays in project deliverability from developers, or unanticipated load growth. Issuing a request for proposals to purchase renewable energy and not receiving a commercially viable offer creates a rebuttable presumption that compliance with the deadline is not practically feasible.
(b) Compliance would be excessively costly to customers despite commercially reasonable efforts by the electric provider to contain costs.
(c) Compliance would result in a deficiency in meeting resource adequacy requirements in the electric provider's service territory.
(d) Compliance would result in a local grid reliability issue.
(3) Upon granting an additional extension for a particular renewable energy credit portfolio deadline beyond the first 2 extensions, the commission shall notify the speaker of the house, the majority leader of the senate, and the chairpersons of the committees of the legislature having jurisdiction over energy issues that it has granted an additional extension to the electric provider and the reasons for the extension.
History:
Add. 2023, Act 235, Eff. Feb. 27, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1033 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1033 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to renewable energy credits to be obtained by electric provider with 1,000,000 or more retail customers.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1037 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1037 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to renewable energy contract without associated renewable energy.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1043 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1043 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to granting advanced cleaner energy credit for each megawatt hour of electricity generated from advanced cleaner energy system and establishment of advanced cleaner energy credit certification and tracking program.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1045 - Charges for Electric Provider's Tariffs That Permit Recovery of Incremental Costs of Compliance; Calculation.

***** 460.1045 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 27, 2024: See 460.1045.amended *****
460.1045 Charges for electric provider's tariffs that permit recovery of incremental costs of compliance; calculation.
Sec. 45.
(1) For an electric provider whose rates are regulated by the commission, the commission shall determine the appropriate charges for the electric provider's tariffs that permit recovery of the incremental cost of compliance subject to the retail rate impact limits set forth in subsection (2).
(2) An electric provider shall recover the incremental cost of compliance with the renewable energy standards. An electric provider shall not comply with the renewable energy standards to the extent that, as determined by the commission, recovery of the incremental cost of compliance will have a retail rate impact that exceeds any of the following:
(a) $3.00 per month per residential customer meter.
(b) $16.58 per month per commercial secondary customer meter.
(c) $187.50 per month per commercial primary or industrial customer meter.
(3) The retail rate impact limits of subsection (2) apply only to the incremental costs of compliance and do not apply to costs approved for recovery by the commission other than as provided in this act.
(4) The incremental cost of compliance shall be calculated for a 20-year period beginning with approval of the renewable energy plan and shall be recovered on a levelized basis.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."