reglab/statecodes huggingface dataset:
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.amended - Charges for Electric Provider's Tariffs That Permit Recovery of Incremental Costs of Compliance; Calculation.

***** 460.1045.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1045.amended 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 a revenue recovery mechanism, subject to section 47, for the electric provider's tariffs that permit recovery of the incremental cost of compliance to implement the amended renewable energy plan.
(2) An electric provider's incremental cost of compliance shall be recovered through a revenue recovery mechanism that is designed consistent with the production allocation approved in the provider's most recent general rate case under section 6a of 1939 PA 3, MCL 460.6a. An electric provider may propose a revenue recovery mechanism in an amended renewable energy plan to include all or a portion of the electric provider's incremental cost of compliance in base rates. If an electric provider proposes to include all or a portion of the incremental cost of compliance in base rates, the commission shall review and approve, approve with modifications, or deny the revenue recovery mechanism proposed by the electric provider.
(3) The incremental cost of compliance shall be calculated for a 20-year period beginning with approval of the amended renewable energy plan and may be recovered on a levelized basis.
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) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1053.added - Failure to Meet Requirements; Civil Action.

***** 460.1053.added THIS ADDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1053.added Failure to meet requirements; civil action.
Sec. 53.
The attorney general or any customer of a municipally owned electric utility or a cooperative electric utility that is member-regulated under the electric cooperative member-regulation act, 2008 PA 167, MCL 460.31 to 460.39, may commence a civil action for injunctive relief against that municipally owned electric utility or cooperative electric utility if the municipally owned electric utility or cooperative electric utility fails to meet the applicable requirements of this subpart or an order issued or rule promulgated under this subpart. The attorney general or customer shall commence an action under this section in the circuit court for the circuit in which the principal office of the municipally owned electric utility or cooperative electric utility is located. The attorney general or customer shall not file an action under this section unless the attorney general or customer has given the municipally owned electric utility or cooperative electric utility at least 60 days' written notice of the intent to sue, the basis for the suit, and the relief sought. Within 30 days after the municipally owned electric utility or cooperative electric utility receives written notice of the intent to sue, the municipally owned electric utility or cooperative electric utility and the attorney general or customer shall meet and make a good-faith attempt to determine if there is a credible basis for the action. The municipally owned electric utility or cooperative electric utility shall take all reasonable and prudent steps necessary to comply with the applicable requirements of this subpart or an order issued or rule promulgated under this subpart within 90 days after the meeting if there is a credible basis for the action. If the parties do not agree as to whether there is a credible basis for the action, the attorney general or customer may proceed to file the suit. When making a determination of whether a credible basis for the action exists, the attorney general or customer shall consider the factors listed in section 32(2).
History:
Add. 2023, Act 235, Eff. Feb. 27, 2024
Compiler's Notes:
Former MCL 460.1053, which pertained to failure to meet renewable energy credit standard by deadline, was repealed by Act 342 of 2016, Eff. Apr. 20, 2017.
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 460.1054 - Powers of Local Units of Government Under MCL 125.3101 to 125.3702.

460.1054 Powers of local units of government under MCL 125.3101 to 125.3702.
Sec. 54.
Nothing in this subpart abrogates the powers granted to local units of government under the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702.
History:
Add. 2016, Act 342, Eff. Apr. 20, 2017
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-B. - subPart B. Customer-Requested Renewable Energy (460.1061...460.1061) › Section 460.1061 - Voluntary Green Pricing Program.

460.1061 Voluntary green pricing program.
Sec. 61.
An electric provider shall offer to its customers the opportunity to participate in a voluntary green pricing program under which the customer may specify, from the options made available by the electric provider, the amount of electricity attributable to the customer that will be renewable energy. If the electric provider's rates are regulated by the commission, the program, including the rates paid for renewable energy, must be approved by the commission. The customer is responsible for any additional costs incurred and shall accrue any additional savings realized by the electric provider as a result of the customer's participation in the program. If an electric provider has not yet fully recovered the incremental costs of compliance, both of the following apply:
(a) A customer that receives at least 50% of the customer's average monthly electricity consumption through the program is exempt from paying surcharges for incremental costs of compliance.
(b) Before entering into an agreement to participate in a commission-approved voluntary green pricing program with a customer that will not receive at least 50% of the customer's average monthly electricity consumption through the program, the electric provider shall notify the customer that the customer will be responsible for the full applicable charges for the incremental costs of compliance and for participation in the voluntary renewable energy program as provided under this section.
History:
Add. 2016, Act 342, Eff. Apr. 20, 2017
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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1072 - Efficient Electrification Measures Plan; Health and Safety Benefits; Calculation of Reduction of Energy Consumption; Recovery of Costs.

460.1072 Efficient electrification measures plan; health and safety benefits; calculation of reduction of energy consumption; recovery of costs.
Sec. 72.
(1) Beginning January 1, 2025, an electric provider may implement an efficient electrification measures plan under section 71(6). The efficient electrification measures under the efficient electrification measures plan shall provide health and safety benefits to occupants of the premises or satisfy all of the following:
(a) Reduce total energy consumption at the premises.
(b) Reduce greenhouse gas emissions due to energy use over the life of the electrification measure.
(c) For residential and commercial customers interconnected at secondary voltage, provide annual average energy cost savings.
(2) For the purposes of subsection (1)(a), reduction of energy consumption at the customer premises shall be calculated as the amount by which A exceeds B, where:
(a) A equals the reduction in Btu consumption of fossil fuels as a result of electrification, converted to kilowatt-hour equivalents by dividing by 3,412 Btus per kilowatt hour.
(b) B equals the increase in kilowatt hours of electricity consumption resulting from the displacement of fossil fuel consumption as a result of electrification.
(3) An efficient electrification measures program under subsection (1) shall not have the effect of increasing electric rates for customers that do not participate in the program.
(4) An electric provider may recover the costs of an efficient electrification measures program.
History:
Add. 2023, Act 229, Eff. Feb. 13, 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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1074 - Energy Waste Reduction Cost Reconciliation.

460.1074 Energy waste reduction cost reconciliation.
Sec. 74.
(1) This section applies only to a provider whose rates are regulated by the commission. Concurrent with the submission of each report under section 97, the commission shall commence an annual proceeding, to be known as an energy waste reduction cost reconciliation, for each provider whose rates are regulated by the commission. The energy waste reduction cost reconciliation shall be conducted as a contested case pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Reasonable discovery shall be permitted before and during the energy waste reduction cost reconciliation to assist in obtaining evidence concerning reconciliation issues including, but not limited to, the reasonableness and prudence of expenditures and the amounts collected pursuant to energy waste reduction charges set by the commission.
(2) At the energy waste reduction cost reconciliation, a provider may propose any necessary modifications of the energy waste reduction charges previously set by the commission to ensure the provider's recovery of its costs to comply with the energy waste reduction standards.
(3) The commission shall reconcile the pertinent revenues recorded with the amounts actually expensed and projected according to the provider's plan for compliance. The commission shall consider any issue regarding the reasonableness and prudence of expenses for which customers were charged in the relevant reconciliation period. In its order, the commission shall do both of the following:
(a) Make a determination of a provider's compliance with the energy waste reduction standards.
(b) Adjust, if necessary, the energy waste reduction charges previously set by the commission.
History:
Add. 2016, Act 342, Eff. Apr. 20, 2017
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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1078 - Petition by Electric Provider to Establish Alternative Energy Waste Reduction Level; Petition by Natural Gas Provider to Establish Alternative Energy Waste Reduction Standard; Determination.

460.1078 Petition by electric provider to establish alternative energy waste reduction level; petition by natural gas provider to establish alternative energy waste reduction standard; determination.
Sec. 78.
(1) If over a 2-year period an electric provider whose rates are regulated by the commission cannot achieve the energy waste reduction standard in a cost-effective manner, the provider may petition the commission in a contested case hearing under section 73(3) to establish an alternative energy waste reduction level for that provider.
(2) If over a 2-year period a natural gas provider cannot achieve the energy waste reduction standard in a cost-effective manner, the natural gas provider may petition the commission to establish an alternative energy waste reduction standard for that provider.
(3) A petition filed pursuant to subsection (2) shall do all of the following:
(a) Identify the efforts taken by the natural gas provider to meet the energy waste reduction standard.
(b) Explain why the energy waste reduction standard cannot reasonably and cost-effectively be achieved.
(c) Propose a revised energy waste reduction standard to be achieved by the natural gas provider.
(4) If, based on a review of the petition filed under subsection (2), the commission determines that the natural gas provider has been unable to reasonably and cost-effectively achieve the energy waste reduction standard, the commission shall revise the energy waste reduction standard as applied to the natural gas provider to a level that can reasonably and cost-effectively be achieved.
History:
Add. 2016, Act 342, Eff. Apr. 20, 2017 ;-- Am. 2023, Act 229, Eff. Feb. 13, 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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1079 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1079 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to location of advanced cleaner energy systems.
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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1080 - Low-Income Energy Waste Reduction Programs; Annual Expenditures; Minimization of Barriers to Participation.

460.1080 Low-income energy waste reduction programs; annual expenditures; minimization of barriers to participation.
Sec. 80.
(1) Electric providers and natural gas providers shall offer low-income energy waste reduction programs to assist low-income residential customers in both single-family and multifamily households.
(2) A low-income energy waste reduction program shall be designed and funded with the goal that low-income residential customers achieve levels of energy waste reduction similar to or greater than the levels of energy waste reduction of other residential customers. Low-income energy waste reduction programs shall include investments in health and safety measures appropriate and necessary to address health and safety conditions that are impediments to implementing energy waste reduction measures for low-income residential customers. Providers shall work to deliver and coordinate low-income energy waste reduction programs and other offerings that serve and maximize the benefits to low-income residential customers. Energy savings shall be attributed to health and safety measure spending at the average energy waste reduction program savings level and in proportion to the amount of health and safety measure spending relative to overall energy waste reduction program spending.
(3) An electric provider's annual expenditures to implement the low-income energy waste reduction programs and measures shall be at least 25% of total energy waste reduction program spending. If an electric provider's expenditures on the effective date of the amendatory act that added this section are below this level, the electric provider shall annually increase expenditures to equal or exceed this level by January 1, 2029.
(4) A natural gas provider's annual expenditures to implement the low-income energy waste reduction programs and measures shall be at least 35% of total energy waste reduction program spending. If a natural gas provider's expenditures on the effective date of the amendatory act that added this section are below this level, the natural gas provider shall annually increase expenditures to equal or exceed this level by January 1, 2029.
(5) Providers shall minimize barriers to participation in low-income energy waste reduction programs and reduce overly burdensome verification processes. Any of the following constitute eligible income verification:
(a) Proof of participation in other low-income qualified programs.
(b) Location in a low-income census tract.
(c) Other methods to be determined by the commission.
History:
Add. 2023, Act 229, Eff. Feb. 13, 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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1080a - Hiring of Diverse Energy Waste Reduction Workforce and Contractors; Annual Report.

460.1080a Hiring of diverse energy waste reduction workforce and contractors; annual report.
Sec. 80a.
(1) To the extent practicable, a provider that serves more than 50,000 customers shall invest in hiring and developing a diverse energy waste reduction workforce and contractors capable of delivering energy waste reduction measures such as building envelopes, heat pumps, health and safety measures, and other advanced efficiency and related measures.
(2) Workforce and contractor development efforts shall focus on hiring and developing, for work in energy waste reduction and related careers, workers in or from low-income and environmental justice communities and workers formerly employed in transition-impacted industries such as fossil fuel energy workers who have employment tied to generation, transportation, and refinement, internal combustion engine vehicle workers, workers in the supply chain for internal combustion engines vehicles, and workers in the building and trades as well as any other affected workers. The development efforts shall follow generally recognized best practices, including apprenticeship programs registered and certified with the United States Secretary of Labor under the national apprenticeship act, 29 USC 50 to 50c.
(3) Each provider shall annually report to the commission on its workforce and contractor development efforts described under subsection (2).
History:
Add. 2023, Act 229, Eff. Feb. 13, 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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1081 - Repealed. 2016, Act 342, Eff. Jan. 1, 2022.

460.1081 Repealed. 2016, Act 342, Eff. Jan. 1, 2022.
Compiler's Notes:
The repealed section pertained to petition identifying efforts by provider to meet energy waste reduction standards.
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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1083 - Energy Waste Reduction Credit; Grant; Expiration; Carrying Forward Excess Credits.

460.1083 Energy waste reduction credit; grant; expiration; carrying forward excess credits.
Sec. 83.
(1) One energy waste reduction credit shall be granted to a provider for each megawatt hour of annual incremental energy savings achieved through energy waste reduction.
(2) An energy waste reduction credit expires as follows:
(a) When used by a provider to comply with its energy waste reduction standard.
(b) When substituted for a renewable energy credit under section 28.
(c) As provided in subsection (3).
(3) If a provider's incremental energy savings in any year exceed the applicable energy waste reduction standard, the associated energy waste reduction credits may be carried forward and applied to the next year's energy waste reduction standard. However, all of the following apply:
(a) The number of energy waste reduction credits carried forward shall not exceed 1/3 of the next year's standard. Any energy waste reduction credits carried forward to the next year shall expire that year. Any remaining energy waste reduction credits shall expire at the end of the year in which the incremental energy savings were achieved, unless substituted, by an electric provider, for renewable energy credits under section 28.
(b) Energy waste reduction credits shall not be carried forward if, for its performance during the same year, the provider accepts a financial incentive under section 75. The excess energy waste reduction credits shall expire at the end of the year in which the incremental energy savings were achieved, unless substituted, by an electric provider, for renewable energy credits under section 28.
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) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1085 - Energy Waste Reduction Credit; Transfer Prohibited.

460.1085 Energy waste reduction credit; transfer prohibited.
Sec. 85.
An energy waste reduction credit is not transferable to another entity.
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) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1087 - Certification and Tracking Program; Credit.

460.1087 Certification and tracking program; credit.
Sec. 87.
(1) The commission shall establish an energy waste reduction credit certification and tracking program. The certification and tracking program may be contracted to and performed by a third party through a system of competitive bidding. The program shall include all of the following:
(a) A determination of the date after which energy waste reduction must be achieved to be eligible for an energy waste reduction credit.
(b) A method for ensuring that each energy waste reduction credit substituted for a renewable energy credit under section 28 or carried forward under section 83 is properly accounted for.
(c) If the system is established by the commission, allowance for issuance and use of energy waste reduction credits in electronic form.
(2) One energy waste reduction credit shall be granted to an electric provider for each megawatt hour of annual incremental energy savings achieved through energy waste reduction.
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) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1099 - Civil Action Against Municipally Owned Electric Utility or Cooperative Electric Utility.

460.1099 Civil action against municipally owned electric utility or cooperative electric utility.
Sec. 99.
The attorney general or any customer of a municipally owned electric utility or a cooperative electric utility that is member-regulated under the electric cooperative member-regulation act, 2008 PA 167, MCL 460.31 to 460.39, may commence a civil action for injunctive relief against that municipally owned electric utility or cooperative electric utility if the municipally owned electric utility or cooperative electric utility fails to meet the applicable requirements of this subpart or an order issued or rule promulgated under this subpart. The attorney general or customer shall commence an action under this subsection in the circuit court for the circuit in which the principal office of the municipally owned electric utility or cooperative electric utility is located. The attorney general or customer shall not file an action under this subsection unless the attorney general or customer has given the municipally owned electric utility or cooperative electric utility at least 60 days' written notice of the intent to sue, the basis for the suit, and the relief sought. Within 30 days after the municipally owned electric utility or cooperative electric utility receives written notice of the intent to sue, the municipally owned electric utility or cooperative electric utility and the attorney general or customer shall meet and make a good-faith attempt to determine if there is a credible basis for the action. The municipally owned electric utility or cooperative electric utility shall take all reasonable and prudent steps necessary to comply with the applicable requirements of this subpart or an order issued or rule promulgated under this subpart within 90 days after the meeting if there is a credible basis for the action. If the parties do not agree as to whether there is a credible basis for the action, the attorney general or customer may proceed to file the suit.
History:
Add. 2016, Act 342, Eff. Apr. 20, 2017
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-C. - Subpart C. Energy Waste Reduction (460.1071...460.1103.added) › Section 460.1103.added - Report to Commission on Centralized and Distributed Electricity Storage Systems.

***** 460.1103.added THIS ADDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1103.added Report to commission on centralized and distributed electricity storage systems.
Sec. 103.
By December 31, 2024, and each year thereafter, an electric provider whose rates are regulated by the commission shall submit a report to the commission documenting the centralized and distributed electricity storage systems in its service territory.
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-D. - Subpart D. Miscellaneous (460.1111...460.1113) › Section 460.1111 - Municipally-Owned Electric Utilities; New Authority Not Granted to Commission.

460.1111 Municipally-owned electric utilities; new authority not granted to commission.
Sec. 111.
This part does not provide the commission with new authority with respect to municipally-owned electric utilities except to the extent expressly provided in this act.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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-D. - Subpart D. Miscellaneous (460.1111...460.1113) › Section 460.1113 - Pollution Control Equipment; Use of Natural Gas in Installation, Operation, or Testing; Exemption; Effective Date of Section.

460.1113 Pollution control equipment; use of natural gas in installation, operation, or testing; exemption; effective date of section.
Sec. 113.
(1) Notwithstanding any other provision of this part, natural gas used in the installation, operation, or testing of any pollution control equipment is exempt from the requirements of, and calculations of compliance required under, this part.
(2) This section, as amended by the act that added this subsection, takes effect January 1, 2021.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Jan. 1, 2021
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) › 295-2008-3. - Part 3. State Government Energy Efficiency and Conservation (460.1131...460.1133) › Section 460.1131 - Reduction in State Government Grid-Based Energy Purchases; Goal.

460.1131 Reduction in state government grid-based energy purchases; goal.
Sec. 131.
It is the goal of this state to reduce state government grid-based energy purchases by 25% by 2015, when compared to energy use and energy purchases for the state fiscal year ending September 30, 2002.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-3. - Part 3. State Government Energy Efficiency and Conservation (460.1131...460.1133) › Section 460.1133 - Department of Management and Budget; Duties.

460.1133 Department of management and budget; duties.
Sec. 133.
The department of management and budget, after consultation with the energy office in the department of labor and economic growth, shall do all of the following:
(a) Establish a program for energy analyses of each state building that identifies opportunities for reduced energy use, including the cost and energy savings for each such opportunity, and includes a completion schedule. Under the program, the energy star assessment and rating program shall be extended to all buildings owned or leased by this state. An energy analysis of each such building shall be conducted at least every 5 years. Within 1 year after the effective date of this act, an energy analysis shall be conducted of any such building for which an energy analysis was not conducted within 5 years before the effective date of this act. If building or facility modifications are allowed under the terms of a lease, the state shall undertake any recommendations resulting from an energy audit to those facilities if the recommendations will save money.
(b) Examine the cost and benefit of using LEED building code standards when constructing or remodeling a state building.
(c) Before the state leases a building, examine the cost and benefit of leasing a building that meets LEED building codes standards, or remodeling a building to meet such standards. The state shall take into consideration whether a building has historical, architectural, or cultural significance that could be harmed by a lease not being renewed solely based on the building's failure to meet LEED criteria.
(d) Assist each state department in appointing an energy reduction coordinator to work with the department of management and budget and the state energy office to reduce state energy use.
(e) Ensure that, during any renovation or construction of a state building, energy efficient products are used whenever possible and that the state purchases energy efficient products whenever possible.
(f) Implement a program to educate state employees on how to conserve energy. The energy office and the department of management and budget shall update the program every 3 years.
(g) Use more cost-effective lighting technologies, geothermal heat pumps, and other cost-effective technologies to conserve energy.
(h) Reduce state government energy use during peak summer energy use seasons with the goal of achieving reductions beginning in 2010.
(i) Create a web-based system for tracking energy efficiency and energy conservation projects occurring within state government.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1141 - Definitions.

460.1141 Definitions.
Sec. 141.
As used in this part:
(a) "Construction" means any substantial action constituting placement or erection of the foundations or structures supporting a transmission line. Construction does not include preconstruction activity or the addition of circuits to an existing transmission line.
(b) "Route" means real property on or across which a transmission line is constructed or proposed to be constructed.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1143 - Wind Energy Resource Zone Board; Membership.

460.1143 Wind energy resource zone board; membership.
Sec. 143.
Within 60 days after the effective date of this act, the commission shall create the wind energy resource zone board. The board shall consist of 9 members, as follows:
(a) 1 member representing the commission.
(b) 2 members representing the electric utility industry.
(c) 1 member representing alternative electric suppliers.
(d) 1 member representing the attorney general.
(e) 1 member representing the renewable energy industry.
(f) 1 member representing cities and villages.
(g) 1 member representing townships.
(h) 1 member representing independent transmission companies.
(i) 1 member representing a statewide environmental organization.
(j) 1 member representing the public at large.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1147 - Wind Energy Resource Zone; Designation; Creation; Preparation of Order; Report.

460.1147 Wind energy resource zone; designation; creation; preparation of order; report.
Sec. 147.
(1) Based on the board's findings as reported under section 145, the commission shall, through a final order, designate the area of this state likely to be most productive of wind energy as the primary wind energy resource zone and may designate additional wind energy resource zones.
(2) A wind energy resource zone shall be created on land that is entirely within the boundaries of this state and shall encompass a natural geographical area or region of this state. A wind zone shall exclude land that is zoned residential when the board's proposed report is issued under section 145, unless the land is subsequently zoned for nonresidential use.
(3) In preparing its order, the commission shall evaluate projected costs and benefits in terms of the long-term production capacity and long-term needs for transmission. The order shall ensure that the designation of a wind zone does not represent an unreasonable threat to the public convenience, health, and safety and that any adverse impacts on private property values are minimal. In determining the location of a wind zone, the commission shall consider all of the following factors pursuant to the findings of the board:
(a) Average annual wind velocity levels in the region.
(b) Availability of land in the region that may be utilized by wind energy conversion systems.
(c) Existing wind energy conversion systems in the region.
(d) Potential for megawatt output of combined wind energy conversion systems in the region.
(e) Other necessary and appropriate factors as to which findings are required by the commission.
(4) In conjunction with the issuance of its order under subsection (1), the commission shall submit to the legislature a report on the effect that setback requirements and noise limitations under local zoning or other ordinances may have on wind energy development in wind energy resource zones. The report shall include any recommendations the commission may have for legislation addressing these issues. Before preparing the report, the commission shall conduct hearings in various areas of the state to receive public comment on the report.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1149 - Electric Utility, Affiliated Transmission Company, or Independent Transmission Company; Expedited Siting Certificate; Application; Approvals.

460.1149 Electric utility, affiliated transmission company, or independent transmission company; expedited siting certificate; application; approvals.
Sec. 149.
(1) To facilitate the transmission of electricity generated by wind energy conversion systems located in wind energy resource zones, the commission may issue an expedited siting certificate for a transmission line to an electric utility, affiliated transmission company, or independent transmission company as provided in this part.
(2) An electric utility, affiliated transmission company, or independent transmission company may apply to the commission for an expedited siting certificate. An applicant may withdraw an application at any time.
(3) Before filing an application for an expedited siting certificate for a proposed transmission line under this part, an electric utility, affiliated transmission company, or independent transmission company must receive any required approvals from the applicable regional transmission organization for the proposed transmission line.
(4) Sixty days before seeking approval from the applicable regional transmission organization for a transmission line as described in subsection (3), an electric utility, affiliated transmission company, or independent transmission company shall notify the commission in writing that it will seek the approval.
(5) The commission shall represent this state's interests in all proceedings before the applicable regional transmission organization for which the commission receives notice under subsection (4).
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1151 - Expedited Siting Certificate; Application; Contents.

460.1151 Expedited siting certificate; application; contents.
Sec. 151.
An application for an expedited siting certificate shall contain all of the following:
(a) Evidence that the proposed transmission line received any required approvals from the applicable regional transmission organization.
(b) The planned date for beginning construction of the proposed transmission line.
(c) A detailed description of the proposed transmission line, its route, and its expected configuration and use.
(d) Information addressing potential effects of the proposed transmission line on public health and safety.
(e) Information indicating that the proposed transmission line will comply with all applicable state and federal environmental standards, laws, and rules.
(f) A description and evaluation of 1 or more alternate transmission line routes and a statement of why the proposed route was selected.
(g) Other information reasonably required by commission rules.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1155 - Repealed. 2016, Act 342, Eff. Apr. 20, 2017.

460.1155 Repealed. 2016, Act 342, Eff. Apr. 20, 2017.
Compiler's Notes:
The repealed section pertained to annual report 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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1157 - Construction of Transmission Line Not Prohibited.

460.1157 Construction of transmission line not prohibited.
Sec. 157.
This part does not prohibit an electric utility, affiliated transmission company, or independent transmission company from constructing a transmission line without obtaining an expedited siting certificate.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1159 - Commission Order Subject to Review; Administration of Part.

460.1159 Commission order subject to review; administration of part.
Sec. 159.
(1) A commission order relating to any matter provided for under this part is subject to review as provided in section 26 of 1909 PA 300, MCL 462.26.
(2) In administering this part, the commission has only those powers and duties granted to the commission under this part.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-4. - Part 4. Wind Energy Resource Zone (460.1141...460.1161) › Section 460.1161 - Eminent Domain Not Conferred.

460.1161 Eminent domain not conferred.
Sec. 161.
This part does not confer the power of eminent domain.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-5. - Part 5. Distributed Generation (460.1171...460.1185) › Section 460.1171 - "Electric Utility" Defined.

460.1171 "Electric utility" defined.
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.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008
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) › 295-2008-5. - Part 5. Distributed Generation (460.1171...460.1185) › Section 460.1175 - Participation in Distribution Generation Program; Application Fee; Limitation; Costs; Interconnection Requirements.

460.1175 Participation in distribution generation program; application fee; limitation; costs; interconnection requirements.
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 cost for each electric utility and alternative electric supplier to operate a distributed generation program. For an electric utility with 1,000,000 or more retail customers in this state, the commission shall include in that electric utility's nonfuel base rates all costs of meeting all program requirements except that all energy costs of the program shall be recovered through the utility's power supply cost recovery mechanism under section 6j of 1939 PA 3, MCL 460.6j. For an electric utility with fewer than 1,000,000 base distribution customers in this state, the commission shall allow that electric utility to recover all energy costs of the program through the power supply cost recovery mechanism under section 6j of 1939 PA 3, MCL 460.6j, and shall develop a cost recovery mechanism for that utility to contemporaneously recover all other costs of meeting the program requirements.
(2) The interconnection requirements of the distributed generation program shall provide that an electric utility or alternative electric supplier shall, subject to any time requirements imposed by the commission and upon reasonable written notice to the distributed generation customer, perform testing and inspection of an interconnected eligible electric generator as is necessary to determine that the system complies with all applicable electric safety, power quality, and interconnection, including metering, requirements. The costs of testing and inspection are considered a cost of operating a distributed generation program and shall be recovered under subsection (1).
(3) The interconnection requirements shall require all eligible electric generators, alternative electric suppliers, and electric utilities to comply with all applicable federal, state, and local laws, rules, or regulations, and any national standards as determined by the commission.
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."