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) › 295-2008-5. - Part 5. Distributed Generation (460.1171...460.1185) › Section 460.1177.amended - Customer's Inflow and Outflow Electricity in Pricing Period; Credit.

***** 460.1177.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1177.amended Customer's inflow and outflow electricity in pricing period; credit.
Sec. 177.
(1) An electric meter provided by a utility must be used to determine the amount of the customer's inflow and outflow electricity in each pricing period. Eligible customers shall pay only the incremental cost above that for meters provided by the electric utility to similarly situated, nongenerating customers.
(2) A distributed generation customer shall be credited by the customer's supplier of electric generation service for the outflow during the billing period. The credit must appear on the bill for the following billing period and be limited to the total charges on that bill. Any excess bill credits not used to offset inflow charges in the next billing period will be carried forward to subsequent billing periods.
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) › 295-2008-5. - Part 5. Distributed Generation (460.1171...460.1185) › Section 460.1179 - Renewable Energy Credits.

460.1179 Renewable energy credits.
Sec. 179.
A customer shall own any renewable energy credits granted for electricity generated on the customer's site under the distributed generation program created in this part.
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) › 295-2008-5. - Part 5. Distributed Generation (460.1171...460.1185) › Section 460.1181 - Finding of Noncompliance; Remedies and Penalties.

460.1181 Finding of noncompliance; remedies and penalties.
Sec. 181.
Upon a complaint or on the commission's own motion, if the commission finds, after notice and hearing, that an electric utility has not complied with a provision or order issued under this part, the commission shall order remedies and penalties as necessary to make whole a customer or other person who has suffered damages as a result of the violation.
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 460.1183 - Customer Participating in Net Metering Program Before Tariff Established Pursuant to MCL 460.6a; Election to Continue to Receive Service Under Program.

460.1183 Customer participating in net metering program before tariff established pursuant to MCL 460.6a; election to continue to receive service under program.
Sec. 183.
(1) A customer participating in a net metering program approved by the commission before the commission establishes a tariff pursuant to section 6a(14) of 1939 PA 3, MCL 460.6a, may elect to continue to receive service under the terms and conditions of that program for up to 10 years from the date of enrollment.
(2) Subsection (1) does not apply to an increase in the generation capacity of the customer's eligible electric generator beyond the capacity on the effective date of 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) › 295-2008-5. - Part 5. Distributed Generation (460.1171...460.1185) › Section 460.1185 - Industrial Customer Building, Owning, or Operating Self-Generation or Cogeneration Facilities.

460.1185 Industrial customer building, owning, or operating self-generation or cogeneration facilities.
Sec. 185.
Notwithstanding any other provision of this act, this act does not limit or restrict an industrial customer's ability to build, own, or operate, or have a third party build, own, or operate 1 or more self-generation or cogeneration facilities, and none of the provisions of part 5 shall be construed or interpreted to apply to such facilities.
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) › 295-2008-6. - Part 6. Miscellaneous Commission Provisions (460.1191...460.1195) › Section 460.1191 - Temporary Order; Issuance; Rules.

***** 460.1191 THIS SECTION IS AMENDED EFFECTIVE FEBRUARY 27, 2024: See 460.1191.amended *****
460.1191 Temporary order; issuance; rules.
Sec. 191.
(1) Within 60 days after the effective date of this act, the commission shall issue a temporary order implementing this act, including, but not limited to, all of the following:
(a) Formats of renewable energy plans for various categories of electric providers.
(b) Guidelines for requests for proposals under this act.
(2) Within 1 year after the effective date of this act, the commission shall promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Upon promulgation of the rules, the order under subsection (1) is rescinded.
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) › 295-2008-6. - Part 6. Miscellaneous Commission Provisions (460.1191...460.1195) › Section 460.1191.amended - Issuance of Orders; Promulgation of Rules.

***** 460.1191.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 27, 2024 *****
460.1191.amended Issuance of orders; promulgation of rules.
Sec. 191.
(1) Subject to subsection (2), to implement this act, the commission shall issue orders or promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) By January 1, 2026, the commission shall issue an order providing formats and guidelines for an electric provider to submit a clean energy plan pursuant to section 51.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- 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) › 295-2008-6. - Part 6. Miscellaneous Commission Provisions (460.1191...460.1195) › Section 460.1193 - Contested Case Proceeding; Intervention; Confidential Business Information.

460.1193 Contested case proceeding; intervention; confidential business information.
Sec. 193.
(1) Any interested party may intervene in a contested case proceeding under this act as provided in general rules of the commission.
(2) The commission and a provider shall handle confidential business information under this act in a manner consistent with state law and general rules of the commission.
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) › 295-2008-6. - Part 6. Miscellaneous Commission Provisions (460.1191...460.1195) › Section 460.1195 - Authority of Commission Not Limited.

460.1195 Authority of commission not limited.
Sec. 195.
This act does not limit any authority of the commission otherwise provided by law.
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) › 295-2008-7. - Part 7. Residential Energy Improvements (460.1201...460.1211) › Section 460.1201 - Definitions.

460.1201 Definitions.
Sec. 201.
As used in this part:
(a) "Energy project" means the installation or modification of an energy waste reduction improvement or the acquisition, installation, or improvement of a renewable energy system.
(b) "Energy waste reduction improvement" means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following:
(i) Insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems.
(ii) Storm windows and doors; multi-glazed windows and doors; heat-absorbing or heat-reflective glazed and coated window and door systems; and additional glazing, reductions in glass area, and other window and door modifications that reduce energy consumption.
(iii) Automated energy control systems.
(iv) Heating, ventilating, or air-conditioning and distribution system modifications or replacements.
(v) Air sealing, caulking, and weather-stripping.
(vi) Lighting fixtures that reduce the energy use of the lighting system.
(vii) Energy recovery systems.
(viii) Day lighting systems.
(ix) Electrical wiring or outlets to charge a motor vehicle that is fully or partially powered by electricity.
(x) Measures to reduce the usage of water or increase the efficiency of water usage.
(xi) Any other installation or modification of equipment, devices, or materials approved as a utility cost-savings measure by the governing body.
(c) "Home energy audit" means an evaluation of the energy performance of a residential structure that meets all of the following requirements:
(i) Is performed by a qualified person using building-performance diagnostic equipment.
(ii) Complies with American National Standards Institute-approved home energy audit standards.
(iii) Determines how best to optimize energy performance while maintaining or improving human comfort, health, and safety and the durability of the structure.
(iv) Includes a baseline energy model and cost-benefit analysis for recommended energy waste reduction improvements.
(d) "Property" means privately owned residential real property.
(e) "Record owner" means the person or persons possessed of the most recent fee title or land contract vendee's interest in property as shown by the records of the county register of deeds.
(f) "Residential energy projects program" or "program" means a program as described in section 203(2).
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) › 295-2008-7. - Part 7. Residential Energy Improvements (460.1201...460.1211) › Section 460.1203 - Residential Energy Projects Program; Establishment; Itemized Charges; Right to Propose Differing Program.

460.1203 Residential energy projects program; establishment; itemized charges; right to propose differing program.
Sec. 203.
(1) Pursuant to section 205, a provider whose rates are regulated by the commission may establish a residential energy projects program.
(2) Under a residential energy projects program, if a record owner of property in the provider's service territory obtains financing or refinancing of an energy project on the property from a commercial lender or other legal entity, including an independent subsidiary of the provider, the loan is repaid through itemized charges on the provider's utility bill for that property. The itemized charges may cover 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 provider.
(3) This act does not limit the right of a provider to propose a residential energy improvement program with elements that differ from those required for a residential energy projects program under this part or the authority of the commission to approve such a residential energy improvement program as reasonable and prudent.
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) › 295-2008-7. - Part 7. Residential Energy Improvements (460.1201...460.1211) › Section 460.1205 - Residential Energy Projects Program; Plan; Filing; Contents; Approval; Determination; Review.

460.1205 Residential energy projects program; plan; filing; contents; approval; determination; review.
Sec. 205.
(1) A residential energy projects program may only be established and implemented pursuant to a plan approved by the commission. A provider seeking to establish a residential energy projects program shall file a proposed plan with the commission.
(2) A plan under subsection (1) shall include all of the following:
(a) The estimated costs of administration of the residential energy projects program.
(b) Whether the residential energy projects program will be administered by a third party.
(c) An application process and eligibility requirements for a record owner to participate in the residential energy projects program.
(d) An application form governing the terms and conditions for a record owner's participation in the program, including an explanation of billing under subdivision (f) and of the provisions of section 207.
(e) A description of any fees to cover application, administration, or other program costs to be charged to a record owner participating in the program, including the amount of each fee, if known, or procedures to determine the amount. A fee shall not exceed the costs incurred by the provider for the activity for which the fee is charged.
(f) Provisions for billing customers of the provider any fees under subdivision (e) and the monthly installment payments as a per-meter charge on the bill for electric or natural gas services.
(g) Provisions for marketing and participant education.
(3) The commission shall not approve a provider's proposed residential energy projects plan unless the commission determines that the plan is reasonable and prudent.
(4) If the commission rejects a proposed plan or amendment under this section, the commission shall explain in writing the reasons for its determination.
(5) Every 4 years after initial approval of a plan under subsection (1), the commission shall review the plan.
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) › 295-2008-7. - Part 7. Residential Energy Improvements (460.1201...460.1211) › Section 460.1207 - Baseline Home Energy Audit Required; Verification; Per-Meter Charge; Shut Off for Nonpayment; Obligation to Pay.

460.1207 Baseline home energy audit required; verification; per-meter charge; shut off for nonpayment; obligation to pay.
Sec. 207.
(1) A baseline home energy audit shall be conducted before an energy project that will be paid for through charges on the utility bill under this part is undertaken. After the energy project is completed, the provider shall obtain verification that the energy project was properly installed and is operating as intended.
(2) Electric or natural gas service may be shut off for nonpayment of the per-meter charge described under section 205 in the same manner and pursuant to the same procedures as used to enforce nonpayment of other charges for the provider's electric or natural gas 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 or natural gas service, as applicable, to the property.
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) › 295-2008-7. - Part 7. Residential Energy Improvements (460.1201...460.1211) › Section 460.1209 - Loan; Term; Limitation; Repayment; Interest.

460.1209 Loan; term; limitation; repayment; interest.
Sec. 209.
(1) The term of a loan paid through a residential energy projects program shall not exceed the anticipated useful life of the energy project financed by the loan or 180 months, whichever is less. The loan shall be repaid in monthly installments.
(2) The lender shall comply with all state and federal laws applicable to the extension of credit for home improvements.
(3) If a nonprofit corporation makes loans to owners of property to be repaid under a residential energy projects program, 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%.
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) › 295-2008-7. - Part 7. Residential Energy Improvements (460.1201...460.1211) › Section 460.1211 - Rules; Report; Program With Differing Elements or Approval by Commission.

460.1211 Rules; report; program with differing elements or approval by commission.
Sec. 211.
(1) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the commission shall promulgate rules to implement this part within 1 year after the effective date of this section.
(2) Every 5 years after the promulgation of rules under subsection (1), the commission shall submit a report to the standing committees of the senate and house of representatives with primary responsibility for energy issues on the implementation of this part and any recommendations for legislation to amend this part. The report may be combined with the annual report under section 5a of 1939 PA 3, MCL 460.5a.
(3) This act does not limit the right of a provider to propose a residential energy improvement program with elements that differ from those required for a residential energy projects program under this part or the authority of the commission to approve such a residential energy improvement program as reasonable and prudent.
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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1222.added - Applicability of Part; Certification for Construction of an Energy Facility.

***** 460.1222.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1222.added Applicability of part; certification for construction of an energy facility.
Sec. 222.
(1) This part applies to all of the following:
(a) Any solar energy facility with a nameplate capacity of 50 megawatts or more.
(b) Any wind energy facility with a nameplate capacity of 100 megawatts or more.
(c) Any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more.
(2) Before beginning construction of an energy facility, an electric provider or independent power producer may, pursuant to this part, obtain a certificate for that energy facility from the commission. A local unit of government exercising zoning jurisdiction may request the commission to require an electric provider or independent power producer that proposes to construct an energy facility in that local unit to obtain a certificate for that energy facility from the commission. To obtain a certificate for an energy facility, an electric provider or IPP must comply with the requirements of sections 223 and 224, and then submit to the commission an application as described in section 225.
(3) If the commission has issued a certificate for an energy facility, the electric provider or IPP may make minor changes, as defined by the commission, to the site plan if the changes are within the footprint of the previously approved site plan.
(4) If an energy facility that would otherwise be subject to subsection (2) is located entirely within a city or village, the city or village is exempt from this part as it relates to the energy facility if the city or village is the owner of participating property, is a developer of the facility, or owns an electric utility that will take service from the energy facility.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1224.added - Site Plan Requirements.

***** 460.1224.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1224.added Site plan requirements.
Sec. 224.
(1) A site plan required under section 223 or 225 shall meet application filing requirements established by commission rule or order to maintain consistency between applications. The site plan shall include the following:
(a) The location and a description of the energy facility.
(b) A description of the anticipated effects of the energy facility on the environment, natural resources, and solid waste disposal capacity, which may include records of consultation with relevant state, tribal, and federal agencies.
(c) Additional information required by commission rule or order that directly relates to the site plan.
(2) When it submits a site plan required under section 223 or 225 to the commission, an electric provider or independent power producer shall, for informational purposes, submit a copy to the clerk of each affected local unit.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1227.added - Host Community Agreement; Refusal to Enter; Community Benefits Agreement; Enforcement.

***** 460.1227.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1227.added Host community agreement; refusal to enter; community benefits agreement; enforcement.
Sec. 227.
(1) The applicant for a certificate shall enter into a host community agreement with each affected local unit. The host community agreement shall require that, upon commencement of any operation, the energy facility owner must pay the affected local unit $2,000.00 per megawatt of nameplate capacity located within the affected local unit. The payment shall be used as determined by the affected local unit for police, fire, public safety, or other infrastructure, or for other projects as agreed to by the local unit and the applicant.
(2) If an affected local unit refuses to enter into a host community agreement after good-faith negotiations with the applicant, the applicant may enter into a community benefits agreement with 1 or more community-based organizations within, or that serve residents of, the affected local unit. The amount paid by the applicant under this subsection must be equal to, or greater than, what the applicant would pay to the affected local unit under subsection (1). Community benefits agreements shall prioritize benefits to the community in which the energy facility is to be located. The topics and specific terms of the agreements may vary and may include, but are not limited to, any of the following:
(a) Workforce development, job quality, and job access provisions that include, but are not limited to, any of the following:
(i) Terms of employment, such as wages and benefits, employment status, workplace health and safety, scheduling, and career advancement opportunities.
(ii) Worker recruitment, screening, and hiring strategies and practices, targeted hiring planning and execution, investment in workforce training and education, and worker input and representation in decision making affecting employment and training.
(b) Funding for or providing specific environmental benefits.
(c) Funding for or providing specific community improvements or amenities, such as park and playground equipment, urban greening, enhanced safety crossings, paving roads, and bike paths.
(d) Annual contributions to a nonprofit or community-based organization that awards grants.
(3) A host community agreement or community benefits agreement is legally binding and inures to the benefit of the parties and their successors and assigns. The commission shall enforce this requirement, but not the actual agreements, which are enforceable in a court of competent jurisdiction.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1227a.added - Certification of Compliance.

***** 460.1227a.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1227a.added Certification of compliance.
Sec. 227a.
Before commencing commercial operations, an applicant shall file a completion report certifying compliance with the requirements of this act and any conditions contained in the commission's certificate.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1228.added - Public Records; Freedom of Information Act; Confidentiality.

***** 460.1228.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1228.added Public records; freedom of information act; confidentiality.
Sec. 228.
(1) Except as otherwise provided in this part, information obtained by the commission under this part is a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The commission shall issue orders necessary to protect the information in an application for a certificate, or in other documents required by the commission for the purposes of certification, if the commission reasonably finds the information to be confidential. Information that is confidential under a protective order is exempted from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1229.added - Commission Order; Subject to Review Under MCL 462.26.

***** 460.1229.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1229.added Commission order; subject to review under MCL 462.26.
Sec. 229.
A commission order relating to a certificate or other matter provided for under this part is subject to review in the same manner as provided in section 26 of 1909 PA 300, MCL 462.26.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1230.added - Commission; Administrative Powers and Duties; Conflict of Law; Power of Eminent Domain.

***** 460.1230.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1230.added Commission; administrative powers and duties; conflict of law; power of eminent domain.
Sec. 230.
(1) In administering this part, the commission has only those powers and duties granted to the commission under this part.
(2) The commission may consolidate proceedings under this part with contract approval or other certificate of need cases relating to the same energy facility.
(3) This part shall control in any conflict between this part and any other law of this state. However, the electric transmission line certification act, 1995 PA 30, MCL 460.561 to 460.575, controls in any conflict with this part.
(4) Commission approval of a certificate does not confer the power of eminent domain and is not a determination of public convenience and necessity for the purposes of the power of eminent domain or a condemnation action filed pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1231.added - Local Prohibition or Regulation of Testing Activities; Applicability of Certain Zoning Ordinances or Limitations.

***** 460.1231.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1231.added Local prohibition or regulation of testing activities; applicability of certain zoning ordinances or limitations.
Sec. 231.
(1) A local ordinance shall not prohibit or regulate testing activities undertaken by an electric provider or independent power producer for purposes of determining the suitability of a site for the placement of an energy facility.
(2) If a certificate is issued for an energy facility under this part, a zoning ordinance or limitation imposed after the electric provider or IPP submitted the application for the certificate to the commission shall not be construed to limit or impair the construction, operation, or maintenance of the energy facility.
(3) If a certificate is issued, the certificate and this part preempt a local policy, practice, regulation, rule, or other ordinance that prohibits, regulates, or imposes additional or more restrictive requirements than those specified in the commission's certificate.
(4) If a certificate is not issued, all local policies, practices, regulations, rules, or ordinances relating to the siting of energy facilities, including, but not limited to, the local zoning authority's power to grant variances, remain in full force and effect.
(5) Except as provided in this section, this part does not exempt an electric provider or IPP to whom a certificate is issued from obtaining any other permit, license, or permission to engage in the construction or operation of an energy facility that is required by federal law, any other law of this state, including, but not limited to, the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, any rule promulgated under a law of this state, or a local ordinance.
History:
Add. 2023, Act 233, Eff. Nov. 29, 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) › 295-2008-8. - Part 8. Wind, Solar, and Storage Certification (460.1221.added...460.1232.added) › Section 460.1232.added - Severability.

***** 460.1232.added THIS ADDED SECTION IS EFFECTIVE NOVEMBER 29, 2024 *****
460.1232.added Severability.
Sec. 232.
Section 5 of 1846 RS 1, MCL 8.5, applies to the amendatory act that added this section.
History:
Add. 2023, Act 233, Eff. Nov. 29, 2024
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1301 - Short Title; Purpose of Act.

460.1301 Short title; purpose of act.
Sec. 1.
(1) This act shall be known and may be cited as the "small wireless communications facilities deployment act".
(2) The purpose of the act is to do all of the following:
(a) Increase investment in wireless networks that will benefit the citizens of this state by providing better access to emergency services, advanced technology, and information.
(b) Increase investment in wireless networks that will enhance the competitiveness of this state in the global economy.
(c) Encourage the deployment of advanced wireless services by streamlining the process for the permitting, construction, modification, maintenance, and operation of wireless facilities in the public rights-of-way.
(d) Allow wireless services providers and wireless infrastructure providers access to the public rights-of-way and the ability to attach to poles and structures in the public rights-of-way to enhance their networks and provide next generation services.
(e) Ensure the reasonable and fair control and management of public rights-of-way by governmental authorities within this state.
(f) Address the timely design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities as matters of statewide concern and interest.
(g) Provide for the management of public rights-of-way in a safe and reliable manner that does all of the following:
(i) Supports new technology.
(ii) Avoids interference with right-of-way use by existing public utilities and cable communications providers.
(iii) Allows for a level playing field for competitive communications service providers.
(iv) Protects public health, safety, and welfare.
(h) Increase the connectivity for autonomous and connected vehicles through the deployment of small cell wireless facilities with full access and compatibility for connected and autonomous vehicles as determined and approved by the state transportation department, county road commissions, and authorities.
(i) Prioritize, as provided in this act, the use of existing utility poles and wireless support structures for collocation over the installation of new utility poles or wireless support structures.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1303 - Definitions; A, B.

460.1303 Definitions; A, B.
Sec. 3.
As used in this act:
(a) "Affiliated transmission company" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
(b) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
(c) "Applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes adopted under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, or adopted by the United States Occupational Safety and Health Administration or by a state or national code organization, including, but not limited to, the "National Electrical Safety Code" published by the Institute of Electrical and Electronics Engineers.
(d) "Applicant" means a wireless provider that submits an application described in this act.
(e) "Attaching entity" means a public or private party or entity, other than the municipally owned electric utility, that, pursuant to an agreement with the municipally owned electric utility, places a wire or cable attachment on a nonauthority pole or related infrastructure within the communication space. Attaching entity includes, but is not limited to, both of the following:
(i) A telecommunication provider as that term is defined in section 2 of the metropolitan extension telecommunications rights-of-way oversight act, 2002 PA 48, MCL 484.3102.
(ii) A video service provider as that term is defined in section 1 of the uniform video services local franchise act, 2006 PA 480, MCL 484.3301.
(f) "Authority", unless the context implies otherwise, means this state, a county road commission, or a county, township, city, village, district, or subdivision thereof if authorized by law to make legislative, quasi-judicial, or administrative decisions concerning an application described in this act. Authority does not include any of the following:
(i) A municipally owned electric utility.
(ii) An investor-owned utility whose rates are regulated by the MPSC.
(iii) A state court having jurisdiction over an authority.
(g) "Authority pole" means a utility pole owned or operated by an authority and located in the ROW.
History:
2018, Act 365, Eff. Mar. 12, 2019 ;-- Am. 2020, Act 360, Imd. Eff. Dec. 30, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1305 - Definitions; C to I.

460.1305 Definitions; C to I.
Sec. 5.
As used in this act:
(a) "Colocate" means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. "Collocation" has a corresponding meaning. Colocate does not include make-ready work or the installation of a new utility pole or new wireless support structure.
(b) "Communications facility" means the set of equipment and network components, including wires, cables, antennas, and associated facilities, used by a communications service provider to provide communications service.
(c) "Communication space" means that term as defined in the "National Electric Safety Code" published by the Institute of Electrical and Electronics Engineers.
(d) "Communications service" means service provided over a communications facility, including cable service as defined in 47 USC 522, information service as defined in 47 USC 153, telecommunications service as defined in 47 USC 153, or wireless service.
(e) "Communications service provider" means any entity that provides communications services.
(f) "County road commission" means that term as defined in section 19b of 1909 PA 283, MCL 224.19b.
(g) "FCC" means the Federal Communications Commission.
(h) "Fee" means a nonrecurring charge for services.
(i) "Historic district" means a historic district established under section 3 of the local historic districts act, 1970 PA 169, MCL 399.203, or a group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 CFR part 1, appendix C.
(j) "Independent transmission company" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
History:
2018, Act 365, Eff. Mar. 12, 2019 ;-- Am. 2020, Act 360, Imd. Eff. Dec. 30, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1307 - Definitions; L to S.

460.1307 Definitions; L to S.
Sec. 7.
As used in this act:
(a) "Law" means federal, state, or local law, including common law, a statute, a rule, a regulation, an order, or an ordinance.
(b) "Make-ready work" means work necessary to enable an authority pole or utility pole to support collocation, which may include modification or replacement of utility poles or modification of lines.
(c) "Micro wireless facility" means a small cell wireless facility that is not more than 24 inches in length, 15 inches in width, and 12 inches in height and that does not have an exterior antenna more than 11 inches in length.
(d) "MPSC" means the Michigan Public Service Commission created in section 1 of 1939 PA 3, MCL 460.1.
(e) "Municipally owned electric utility" means a system owned by a municipality or combination of municipalities to furnish power or light and includes a cooperative electric utility that, on or after the effective date of this act, acquired all or substantially all of the assets of a municipal electric utility, when applying this act to the former territory of the municipal electric utility.
(f) "Nonauthority pole" means a utility pole used for electric delivery service and controlled by the governing body of a municipally owned electric utility.
(g) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.
(h) "Public right-of-way" or "ROW" means the area on, below, or above a public roadway, highway, street, alley, bridge, sidewalk, or utility easement dedicated for compatible uses. Public right-of-way does not include any of the following:
(i) A private right-of-way.
(ii) A limited access highway.
(iii) Land owned or controlled by a railroad as defined in section 109 of the railroad code of 1993, 1993 PA 354, MCL 462.109.
(iv) Railroad infrastructure.
(i) "Rate" means a recurring charge.
(j) "Small cell wireless facility" means a wireless facility that meets both of the following requirements:
(i) Each antenna is located inside an enclosure of not more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements would fit within an imaginary enclosure of not more than 6 cubic feet.
(ii) All other wireless equipment associated with the facility is cumulatively not more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1309 - Definitions; U to W.

460.1309 Definitions; U to W.
Sec 9.
As used in this act:
(a) "Utility pole" means a pole or similar structure that is or may be used in whole or in part for cable or wireline communications service, electric distribution, lighting, traffic control, signage, or a similar function, or a pole or similar structure that meets the height requirements in section 13(5) and is designed to support small cell wireless facilities. Utility pole does not include a sign pole less than 15 feet in height above ground.
(b) "Wireless facility" means equipment at a fixed location that enables the provision of wireless services between user equipment and a communications network, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. Wireless facility includes a small cell wireless facility. Wireless facility does not include any of the following:
(i) The structure or improvements on, under, or within which the equipment is colocated.
(ii) A wireline backhaul facility.
(iii) Coaxial or fiber-optic cable between utility poles or wireless support structures or that otherwise is not immediately adjacent to or directly associated with a particular antenna.
(c) "Wireless infrastructure provider" means any person, including a person authorized to provide telecommunications services in this state but not including a wireless services provider, that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures and who, when filing an application with an authority under this act, provides written authorization to perform the work on behalf of a wireless services provider.
(d) "Wireless provider" means a wireless infrastructure provider or a wireless services provider. Wireless provider does not include an investor-owned utility whose rates are regulated by the MPSC.
(e) "Wireless services" means any services, provided using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.
(f) "Wireless services provider" means a person that provides wireless services.
(g) "Wireless support structure" means a freestanding structure designed to support or capable of supporting small cell wireless facilities. Wireless support structure does not include a utility pole.
(h) "Wireline backhaul facility" means a facility used to transport services by wire or fiber-optic cable from a wireless facility to a network.
History:
2018, Act 365, Eff. Mar. 12, 2019
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 365 of 2018 - Small Wireless Communications Facilities Deployment Act (460.1301 - 460.1339) › Section 460.1311 - Collocation of Small Cell Wireless Facilities; Prohibited Authority.

460.1311 Collocation of small cell wireless facilities; prohibited authority.
Sec. 11.
(1) Except as provided in this act, an authority shall not prohibit, regulate, or charge for the collocation of small cell wireless facilities.
(2) The approval of a small cell wireless facility under this act authorizes only the collocation of a small cell wireless facility and does not authorize either of the following:
(a) The provision of any particular services.
(b) The installation, placement, modification, maintenance, or operation of a wireline backhaul facility in the ROW.
History:
2018, Act 365, Eff. Mar. 12, 2019