reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575) › Section 460.571 - Limited License.

460.571 Limited license.
Sec. 11.
In a civil action in the circuit court under section 4 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.54, the court may grant a limited license to an electric utility, affiliated transmission company, or independent transmission company for entry on land to conduct preconstruction activity related to a proposed major transmission line or a transmission line if the electric utility, affiliated transmission company, or independent transmission company has scheduled or held a public meeting in connection with a certificate sought under section 7 or 9 and if written notice of the intent to enter the land has been given to each affected landowner on whose property the electric utility, affiliated transmission company, or independent transmission company wishes to enter. The limited license may be granted upon such terms as justice and equity require. An electric utility, affiliated transmission company, or independent transmission company that obtains a limited license shall provide each affected land owner with a copy of the limited license. A limited license shall include a description of the purpose of entry, the scope of activities permitted, and the terms and conditions of entry with respect to the time, place, and manner of entry. The court shall not deny a limited license for entry to conduct preconstruction activity for any of the following reasons:
(a) A disagreement exists over the proposed route.
(b) The electric utility, affiliated transmission company, or independent transmission company has not yet applied for a certificate.
(c) The commission has not yet granted or denied the application.
(d) An alleged lack of public convenience or necessity.
History:
1995, Act 30, Imd. Eff. May 17, 1995 ;-- Am. 2004, Act 198, Imd. Eff. July 12, 2004
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575) › Section 460.572 - Costs to Be Included in Rates.

460.572 Costs to be included in rates.
Sec. 12.
Reasonable and prudent costs for a transmission line for which a certificate is issued shall be included in an electric utility's rates. The commission shall not disallow costs the electric utility incurs in constructing a transmission line for which a certificate is issued, which costs do not exceed the amount set forth in the certificate unless the commission determines that the actual costs were imprudently and unreasonably incurred, based upon substantial evidence presented in opposition to the electric utility's rate request. Costs incurred by the electric utility that exceed the amount set forth in the certificate shall be included in the electric utility's rates, if reasonably and prudently incurred based upon substantial evidence presented in support of the electric utility's rate request.
History:
1995, Act 30, Imd. Eff. May 17, 1995
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575) › Section 460.573 - Information as Public Record; Disclosure of Confidential Information; Waiver.

460.573 Information as public record; disclosure of confidential information; waiver.
Sec. 13.
(1) Except as otherwise provided in this section, information obtained by the commission under this act is a public record as provided in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) An electric utility, affiliated transmission company, or independent transmission company may designate information received from a third party that the electric utility, affiliated transmission company, or independent transmission company submits to the commission in an application for a certificate or in other documents required by the commission for purposes of certification submitted to the commission as being only for the confidential use of the commission. The commission shall notify the electric utility, affiliated transmission company, or independent transmission company of a request for public records under section 5 of the freedom of information act, 1976 PA 442, MCL 15.235, if the scope of the request includes information designated as confidential. The electric utility, affiliated transmission company, or independent transmission company has 10 days after the receipt of the notice to demonstrate to the commission that the information designated as confidential should not be disclosed because the information is a trade secret or secret process or is production, commercial, or financial information the disclosure of which would jeopardize the competitive position of the electric utility, affiliated transmission company, or independent transmission company or the person from whom the information was obtained. The commission shall not grant the request for the information if the electric utility, affiliated transmission company, or independent transmission company demonstrates to the satisfaction of the commission that the information should not be disclosed for a reason authorized in this section. If the commission makes a decision to grant a request, the information requested shall not be released until 3 days have elapsed after notice of the decision is provided to the electric utility, affiliated transmission company, or independent transmission company.
(3) If any person uses information described in subsection (1) to forecast electrical demand, the person shall structure the forecast so the third party is not identified unless the third party waives confidentiality.
History:
1995, Act 30, Imd. Eff. May 17, 1995 ;-- Am. 2004, Act 198, Imd. Eff. July 12, 2004
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575) › Section 460.574 - Rules.

460.574 Rules.
Sec. 14.
(1) The commission may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. The rules may contain standards to determine a proposed major transmission line's health and safety aspects, including but not limited to standards for permissible additions to electric and magnetic fields produced by the transmission line.
(2) Until rules are promulgated pursuant to subsection (1), the commission shall consider and determine any health or safety issue a party raises in a proceeding concerning a certificate application.
History:
1995, Act 30, Imd. Eff. May 17, 1995
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575) › Section 460.575 - Commission Order; Review; Powers and Duties.

460.575 Commission order; review; powers and duties.
Sec. 15.
(1) A commission order relating to a certificate or other matter provided for under this act is subject to review as provided in section 26 of 1909 PA 300, MCL 462.26.
(2) In administering this act, the commission shall have only those powers and duties granted to the commission under this act.
History:
1995, Act 30, Imd. Eff. May 17, 1995 ;-- Am. 2004, Act 198, Imd. Eff. July 12, 2004
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 125 of 2021 - Transmission Infrastructure Planning Act (460.591 - 460.593) › Section 460.591 - Short Title.

460.591 Short title.
Sec. 1.
This act shall be known and may be cited as the "transmission infrastructure planning act".
History:
2021, Act 125, Imd. Eff. Dec. 17, 2021
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 125 of 2021 - Transmission Infrastructure Planning Act (460.591 - 460.593) › Section 460.592 - Definitions.

460.592 Definitions.
Sec. 2.
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) "Commission" means the Michigan public service commission.
(c) "Cooperative electric utility" means either of the following:
(i) An electric cooperative organized as a cooperative corporation under sections 98 to 109 of 1931 PA 327, MCL 450.98 to 450.109.
(ii) A cooperative corporation in the business of generating or transmitting electricity.
(d) "Electric utility" means any of the following:
(i) An electric utility as that term is defined in section 10h of 1939 PA 3, MCL 460.10h.
(ii) A municipal electric utility system as that term is defined in section 4 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460.804.
(iii) A cooperative electric utility.
(iv) A joint agency acting on its own behalf or on behalf of 1 or more of its member municipal electric utility systems.
(e) "High-voltage transmission line" means a line used to transmit electricity and all associated structures, equipment, facilities, and other personal property necessary to transfer electricity over the line at a system bulk supply voltage of 100 kilovolts or more.
(f) "Incumbent electric transmission company" means an electric utility, affiliated transmission company, or independent transmission company that owns a high-voltage transmission line in this state on or after the effective date of this act.
(g) "Independent transmission company" means that term as defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
(h) "Joint agency" means that term as defined in section 3 of the Michigan energy employment act of 1976, 1976 PA 448, MCL 460.803.
(i) "Recognized electric planning authority" means a person recognized by the Federal Energy Regulatory Commission or the North American Electric Reliability Corporation as authorized under federal law to approve a high-voltage transmission line for construction by an incumbent electric transmission company, including, but not limited to, a regional transmission organization.
(j) "Regional transmission organization" means a person that meets all of the following:
(i) Possesses characteristics required under 18 CFR 35.34(j).
(ii) Performs functions required under 18 CFR 35.34(k).
(iii) Accommodates an open architecture as required under 18 CFR 35.34(l).
(iv) Is recognized by the Federal Energy Regulatory Commission as the organization with oversight responsibility for a region that includes the service territory of an incumbent electric transmission company.
(k) "Regionally cost-shared transmission line" means a high-voltage transmission line that is eligible for regional cost sharing and is not subject to a right of first refusal in accordance with the tariff of a recognized electric planning authority.
History:
2021, Act 125, Imd. Eff. Dec. 17, 2021
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 266 of 1909 - Public Utility Franchise (460.601 - 460.605) › Section 460.601 - Franchise to Use Streets and Public Places; Grant by Township Board.

460.601 Franchise to use streets and public places; grant by township board.
Sec. 1.
The township board of any township may grant to any person, partnership, association or corporation the right to use the highways, streets, alleys, and other public places of the township to set poles, string wires, lay pipes or conduits or to lay tracks for railways and to operate and maintain the same and the right to transact a local business in such township, subject to such reasonable regulations as said board shall prescribe from time to time.
History:
1909, Act 266, Eff. Sept. 1, 1909 ;-- CL 1915, 4836 ;-- CL 1929, 11103 ;-- CL 1948, 460.601
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 266 of 1909 - Public Utility Franchise (460.601 - 460.605) › Section 460.602 - Franchise Granted by Township Board; Majority Vote; Designation as Revocable or Irrevocable; Vote by Electors.

460.602 Franchise granted by township board; majority vote; designation as revocable or irrevocable; vote by electors.
Sec. 2.
(1) A township may grant a franchise by a majority vote of the township board. The board shall designate a franchise granted under this act as either revocable or irrevocable.
(2) If the franchise is designated as irrevocable, approval of the franchise as irrevocable shall be submitted to a vote of the electors of the township at the next election.
(3) If the electors do not approve the irrevocability of the franchise, the franchise shall remain valid but continue as a revocable franchise.
History:
1909, Act 266, Eff. Sept. 1, 1909 ;-- CL 1915, 4837 ;-- CL 1929, 11104 ;-- CL 1948, 460.602 ;-- Am. 1996, Act 322, Imd. Eff. June 26, 1996
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 266 of 1909 - Public Utility Franchise (460.601 - 460.605) › Section 460.603 - Vote by Electors to Grant Irrevocable Trust; Notice.

460.603 Vote by electors to grant irrevocable trust; notice.
Sec. 3.
At least 20 days before the next election, the township clerk shall give notice that the question of granting an irrevocable franchise will be submitted to a vote of the electors by posting a notice in 3 or more public places in the township.
History:
1909, Act 266, Eff. Sept. 1, 1909 ;-- CL 1915, 4838 ;-- CL 1929, 11105 ;-- CL 1948, 460.603 ;-- Am. 1996, Act 322, Imd. Eff. June 26, 1996
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 266 of 1909 - Public Utility Franchise (460.601 - 460.605) › Section 460.603a - Revocable Franchise Granted Before Effective Date of Act.

460.603a Revocable franchise granted before effective date of act.
Sec. 3a.
Unless revoked by the board or otherwise voted by the electors, a revocable franchise granted before the effective date of the amendatory act that added this section shall be a revocable franchise under this act subject to the terms and conditions of any existing agreements or contracts between the franchisee and the township.
History:
Add. 1996, Act 322, Imd. Eff. June 26, 1996
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 266 of 1909 - Public Utility Franchise (460.601 - 460.605) › Section 460.604, 460.605 - Repealed. 1996, Act 322, Imd. Eff. June 26, 1996.

460.604, 460.605 Repealed. 1996, Act 322, Imd. Eff. June 26, 1996.
Compiler's Notes:
The repealed sections pertained to confirmation of grant by electors.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.621 - Short Title.

460.621 Short title.
Sec. 1.
This act shall be known and may be cited as the "propane commission act".
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.622 - Definitions.

460.622 Definitions.
Sec. 2.
As used in this act:
(a) "Commission" means the propane commission created in section 3.
(b) "Department" means the department of agriculture and rural development.
(c) "Director" means the director of the department.
(d) "Education" means any action to provide propane consumers or members of the propane industry with information regarding the safe use and handling of propane, the proper use and handling of propane equipment, and the proper mechanical and technical practices when using and handling propane.
(e) "Financial institution" means a state or nationally chartered bank, member of the farm credit system, savings and loan association, savings bank, or credit union, whose deposits are insured by an agency of the United States government and that maintains a principal or branch office located in this state under the laws of this state or the United States.
(f) "Import" means to bring odorized propane into this state by motor vehicle, marine vessel, pipeline, or any other means. Import does not include bringing odorized propane into this state in the fuel supply tank of a motor vehicle if the odorized propane is used to power that motor vehicle.
(g) "Industry association" means the Michigan Propane Gas Association, a nonprofit corporation of this state.
(h) "MiPERC" means the national Propane Education and Research Council affiliate in this state.
(i) "Person" means an individual, partnership, corporation, association, cooperative, limited liability company, or any other business entity.
(j) "Propane" means a hydrocarbon whose chemical composition is predominantly C3H8, and includes liquefied petroleum gases, renewable propane, and any mixture of both liquefied petroleum gases and renewable propane.
(k) "Propane Education and Research Council" means a nonprofit corporation operated by the national propane industry to promote propane education, research, and use.
(l) "Research" means any type of study, investigation, or other activity designed to advance the image, desirability, usage, marketability, efficiency, and safety of propane and propane use equipment and to further the development of information and products related to propane and propane use equipment.
(m) "Retail propane dispenser" means a person that sells odorized propane to consumers only in containers of less than 240 pounds water capacity or for use as fuel to power motor vehicles.
(n) "Retail propane marketer" means a person engaged in the business of selling odorized propane to consumers in containers larger than 240 pounds water capacity or selling odorized propane to retail propane dispensers.
(o) "Wholesale propane distributor" means a person that sells odorized propane to a retail propane marketer.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.625 - Propane Commission, Duties and Powers; Liability; Collection of Money; Prohibition on Campaign Contributions.

460.625 Propane commission, duties and powers; liability; collection of money; prohibition on campaign contributions.
Sec. 5.
(1) The commission shall educate residents, business owners, and other users of propane on the safe use of propane, and promote the use of high efficiency appliances and equipment through rebate and incentive programs for Michigan residents. The commission may develop procedures and carry out any other activity necessary to accomplish the purposes of this act.
(2) The commission may appoint committees to carry out a project authorized under this act.
(3) The commission may appoint employees, agents, and representatives. The commission may contract with other agencies, associations, or organizations including, but not limited to, the industry association and MiPERC. The commission may incur other expenses to carry on the promotion activities for propane under subsection (1) and to otherwise carry out the purposes of this act.
(4) This state is not liable for the acts of the commission or its contracts. A member, employee, agent, or representative of the commission is not personally liable for the contracts of the commission. To ensure the commission's activities are self-supporting, all salaries, expenses, obligations, and liabilities incurred by the commission are payable only from money collected under this act when used for the purposes of this act, except that any money obtained through donations and gifts or provided by a governmental agency may be used within limits stipulated by the donor or governmental agency. No more than 10% of the money collected through assessments under this act may be used for administrative expenses.
(5) Money collected by the commission must not be used in any manner for a campaign contribution. As used in this subsection, "contribution" means that term as defined in section 4 of the Michigan campaign finance act, 1976 PA 388, MCL 169.204.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.626 - Propane Commission; Body Corporate; Powers.

460.626 Propane commission; body corporate; powers.
Sec. 6.
The commission is a body corporate and may sue and be sued, plead and be impleaded, contract and be contracted with, and carry out all powers granted to it. The commission is a public body and has the powers necessary to effectuate the purposes of this act. A grant of power to the commission is an extension of the power of the commission and not a limitation of the power of the commission.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.627 - Propane Assessment; Subject to Referendum; Rate; Notification; Collection of Assessment; Records; Deposit of Collections.

460.627 Propane assessment; subject to referendum; rate; notification; collection of assessment; records; deposit of collections.
Sec. 7.
(1) Subject to a referendum under section 11(2), beginning on January 1 of the year following the effective date of this act, an initial assessment at the rate of 1/10 of 1 cent per gallon is levied upon odorized propane sold and placed into commerce in this state. The commission shall determine the assessment rate for subsequent years subject to subsections (2) and (3).
(2) Not later than December 1 of each year, the commission shall notify each wholesale propane distributor and retail propane marketer of the applicable assessment rate for the next year.
(3) The total annual assessment rate levied under this section must not exceed 1/2 of 1 cent per gallon.
(4) Each wholesale propane distributor or other owner of propane at the time of odorization in this state, or at the time of import of odorized propane into this state, shall make and collect an assessment based on the volume of odorized propane sold and placed into commerce in this state. Each wholesale propane distributor shall separately identify and itemize the assessment on an invoice, bill of sale, or other similar billing document given to a retail propane marketer for the sale of odorized propane.
(5) Each person responsible for collecting the assessment shall remit all assessments to the commission on a quarterly basis, not later than the 25th day of the month following the end of each calendar quarter. Each person responsible for collecting the assessment shall file a report, on a form provided by the commission, not later than the 25th day of the month following the end of the calendar quarter regardless of the amount due.
(6) Each person responsible for collecting the assessment shall keep records of the volume of odorized propane the person imported, sold, delivered, or used in this state, including the number of gallons, name of purchaser, and rate of assessment with respect to odorized propane that is subject to this act. All records made or kept as required by this subsection must be made available to the commission upon its written request to determine compliance with this act. The commission shall keep the records confidential and shall not disclose the records except to its accountants, attorneys, or financial advisors without a court order directing it to do so.
(7) The commission shall deposit the assessments it collects under this act into a financial institution as described in section 8 and shall not commingle the assessments with other funds. The commission shall use the assessments it collects under this act for the purposes of this act.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.628 - Deposit and Disbursement of Revenues Collected.

460.628 Deposit and disbursement of revenues collected.
Sec. 8.
Money, assets, or other items of value collected or received under this act, whether collected from assessments, received as grants or gifts, or earned from royalties or license fees or derived from any activities performed by an organization, agency, or individual and conducted under this act, are not state money and must be deposited in a financial institution in this state. The money, assets, or other items of value described in this section are allocated to the commission and must be disbursed by the commission to carry out its responsibilities under this act.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.629 - Failure to Collect and Remit Assessments; Penalties.

460.629 Failure to collect and remit assessments; penalties.
Sec. 9.
A person that fails to collect or remit an assessment under this act shall pay to the commission the amount due, plus both of the following:
(a) A late fee of 10% of the amount due.
(b) An additional late fee of 1% of the amount due for each month the payment is overdue.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.630 - Enforcement by Department; Written Complaint.

460.630 Enforcement by department; written complaint.
Sec. 10.
(1) The department shall enforce the provisions of this act. The commission shall reimburse the department for costs incurred by the department in holding referenda, reviewing petitions, and enforcing this act. The money received by the department must be allocated for the department's use.
(2) The commission may file a written complaint with the director documenting that a person has failed to collect or remit an assessment or failed to pay a late fee due to the commission under this act. On receipt of a complaint, the director shall investigate its allegations. If, after investigation, the director finds that the person has failed to collect or remit an assessment or failed to pay a late fee to the commission, the director may bring an action to recover unpaid assessments or late fees plus the reasonable costs, including attorney fees, incurred in the action. The director may use assessment funds to cover all reasonable costs and expenses incurred in connection with the recovery of unpaid assessments and late fees.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 332 of 2020 - Propane Commission Act (460.621 - 460.631) › Section 460.631 - Referendum Requirements.

460.631 Referendum requirements.
Sec. 11.
(1) All of the following apply to a referendum held under subsection (2) or (3):
(a) Each retail propane marketer with customers in this state is entitled to 1 vote representing a single firm, individual proprietorship, corporation, company, association, partnership, or spouse- or family-owned business, regardless of the number of bulk plants or retail sales outlets owned.
(b) Votes must be submitted by mail.
(c) Passage of the referendum requires more than 50% of the votes of all of the retail propane marketers with customers in this state, as described in subdivision (a).
(d) Subject to subdivisions (a) to (c), the director may promulgate rules for conducting the referendum.
(2) Within 60 days after the effective date of this act, the director shall hold a referendum on the question of whether the initial assessment described in section 7(1) will be levied.
(3) If the initial referendum under subsection (2) passes, notwithstanding any other provision of this act, the director shall hold a subsequent referendum on the question of whether the assessment will be terminated if the director receives a petition signed by not less than 33-1/3% of all retail propane marketers with customers in this state, as described in subsection (1)(a).
(4) If the referendum described in subsection (2) fails to pass, or if a referendum terminating the assessment under subsection (3) passes, the commission shall do all of the following:
(a) Recommend to the legislature that it repeal this act effective 6 months after the date of the referendum.
(b) Phase out the commission's operations in the 6 months following the date of the referendum.
(c) After 6 months from the date of the referendum, take no further action to further the purposes of this act.
History:
2020, Act 332, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 347 of 1921 - Guaranty Deposits (460.651 - 460.652) › Section 460.651 - Guaranty Deposit; Approval of Terms and Conditions.

460.651 Guaranty deposit; approval of terms and conditions.
Sec. 1.
A public utility regulated by the Michigan public service commission may require a ratepayer to pay a deposit as a guaranty for the payment of the utility's services. In the absence of specific rules adopted by the commission, the terms and conditions for a guaranty deposit required by a utility must be approved by the commission.
History:
1921, Act 347, Eff. Aug. 18, 1921 ;-- CL 1929, 11108 ;-- CL 1948, 460.651 ;-- Am. 1988, Act 168, Imd. Eff. June 17, 1988
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 347 of 1921 - Guaranty Deposits (460.651 - 460.652) › Section 460.652 - Rules.

460.652 Rules.
Sec. 2.
The Michigan public service commission may prescribe by rule all of the following:
(a) The circumstances under which a utility may require a guaranty deposit.
(b) The amount of the guaranty deposit.
(c) The interest rate payable on the guaranty deposit.
(d) The method by which the utility will pay interest on the guaranty deposit to the ratepayer.
(e) The circumstances under which the guaranty deposit must be returned to the ratepayer.
History:
1921, Act 347, Eff. Aug. 18, 1921 ;-- CL 1929, 11109 ;-- CL 1948, 460.652 ;-- Am. 1988, Act 168, Imd. Eff. June 17, 1988
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.721 - Short Title.

460.721 Short title.
Sec. 1.
This act shall be known and may be cited as the "MISS DIG underground facility damage prevention and safety act".
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.724 - Miss Dig Systems, inc.; Operation and Membership; Notification System; Duties and Responsibilities; Funding; Fees; Farm Operation; Tax Exemption.

460.724 MISS DIG Systems, Inc.; operation and membership; notification system; duties and responsibilities; funding; fees; farm operation; tax exemption.
Sec. 4.
(1) Facility owners and facility operators shall continue to operate and be members of MISS DIG Systems, Inc., a Michigan nonprofit corporation, that shall have the duties and undertake the responsibilities of the notification system under this act on and after the effective date of this act. The notification system responsibilities and duties do not include the physical marking of facilities, which is the responsibility of a facility owner or facility operator upon notification under this act.
(2) The notification system and its procedures shall be governed by its board of directors and in accordance with its current articles of incorporation and bylaws as of the effective date of this act, with any future changes made in accordance with the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, and the notification system's articles, bylaws, and board procedures. The notification system shall request input regarding its policies from all interested persons, including facility owners and facility operators, excavators, marking service providers, and governmental agencies.
(3) Funding for the notification system operations shall be established by the notification system, including through fees based on a reasonable assessment of operating costs among facility owners or facility operators. A facility owner or facility operator shall not charge a fee to excavators for marking facilities under this act.
(4) Facility owners and facility operators shall be members of and participate in the notification system and pay the fees levied by the notification system under this section. This obligation and the requirements of this act for facility owners and facility operators do not apply to persons owning or operating a facility located on real property the person owns or occupies if the facility is operated solely for the benefit of that person.
(5) Owners of real property on which there is a farm operation, as that term is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472, may become a nonvoting member of the notification system, known as a farm member, upon providing the notification system with the information necessary to send the farm member a ticket for purposes of notification under section 6(1). A farm member is not subject to any fees levied under subsection (3).
(6) The notification system is exempt from taxes collected under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.726 - Notification System; Transmission of Ticket to Facility Owners or Operators; Availability; Positive Response System; Maintenance of Records; Emergency Notice; Design Tickets.

460.726 Notification system; transmission of ticket to facility owners or operators; availability; positive response system; maintenance of records; emergency notice; design tickets.
Sec. 6.
(1) The notification system shall receive dig notice notification of proposed excavation and blasting activities and promptly transmit a ticket to facility owners or facility operators of facilities in the area of the proposed excavation or blasting. The notification system shall provide alternative means of access and notification to the system. Except for shutdowns caused by acts of nature, war, or terrorism, the notification system shall be available 24 hours per day, 7 days per week.
(2) The notification system shall publicize the availability and use of the notification system and educate the public, governmental agencies, excavators, farm operators, facility owners, and facility operators regarding the practices and procedures of the notification system, the requirements of this act, and practices to protect underground facilities from damage.
(3) The notification system shall administer a positive response system to allow excavators to determine whether all of the facility owners or facility operators in the area have responded to a ticket and whether a particular facility owner or facility operator does not have facilities in the area of a proposed excavation or blasting.
(4) The notification system shall maintain adequate records of its notification activity for a period of 6 years after the date of the notice, including voice recordings of calls. The notification system shall provide copies of those records to any interested person upon written request and payment of a reasonable charge for reproduction and handling as determined by the notification system.
(5) The notification system shall expedite the processing of any emergency notice it receives under this act.
(6) The notification system shall receive design tickets under the procedures described in section 6a and transmit them to facility owners or facility operators.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.726a - Project Design or Planning Services; Fees; Procedures; Design Ticket Response; Marking Facility Location.

460.726a Project design or planning services; fees; procedures; design ticket response; marking facility location.
Sec. 6a.
(1) The notification system shall establish reasonable procedures, including marking response times, for design ticket notification to facility owners or facility operators of requests for project design or planning services to determine the type, size, and general location of facilities during the planning and design stage of a construction or demolition project. Facility owners or operators may charge the person requesting project design or planning services separate fees for design or planning services.
(2) Procedures under this section do not affect or alter the obligation of excavators to provide notice of blasting or excavation under section 5.
(3) The response to a design ticket is to provide general information regarding the location of underground facilities, not to mark any facilities. However, if a facility owner or operator does not have drawings or records that show the location of a facility, the facility owner or operator shall mark that facility under the procedures described in section 7. A design ticket or information provided in response to a design ticket does not satisfy the requirement under this act for excavation or blasting notice to the notification system or marking the approximate location of facilities for blasting or excavation.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.728 - Damages or Equitable Relief.

460.728 Damages or equitable relief.
Sec. 8.
This act does not limit the right of an excavator, facility owner, or facility operator to seek legal relief and recovery of actual damages incurred and equitable relief in a civil action arising out of a violation of the requirements of this act, or to enforce the provisions of this act, nor shall this act determine the level of damages or injunctive relief in any such civil action. This section does not affect or limit the availability of any contractual or legal remedy that may be available to an excavator, facility owner, or facility operator arising under any contract to which they may be a party.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.729 - Liability of Officers, Agents, or Employees of Notification System; Liability of Excavator or Farmer Engaged in Farming Operations or Owner of Farm.

460.729 Liability of officers, agents, or employees of notification system; liability of excavator or farmer engaged in farming operations or owner of farm.
Sec. 9.
(1) The notification system and its officers, agents, or employees are not liable for any damages, including damages for injuries or death to persons or damage to property, caused by its acts or omissions in carrying out the provisions of this act. The notification system is not responsible for assuring performance by a facility owner or facility operator of its obligation to participate in the notification system under section 4(4).
(2) An excavator or a farmer engaged in farming operations that complies with this act is not responsible for damages that occur to a facility that is improperly marked, not marked, or determined to be within the safe zone.
(3) An owner of a farm who complies with this act is not liable for any damages to a facility if the damage occurred in the course of farming operations, except in those lands within the public right-of-way, unless the owner intentionally damaged the underground facility or acted with wanton disregard or recklessness in damaging the facility. As used in this subsection, "owner" includes a family member, employee, or tenant of the owner.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.730 - Ordinances, Charters, or Other Laws Requiring Permits.

460.730 Ordinances, charters, or other laws requiring permits.
Sec. 10.
This act does not authorize, affect, or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating or tunneling in a public street or highway or to construct or demolish buildings or other structures on private property. A permit issued by a governmental agency does not relieve a person from the responsibility of complying with this act. The failure of any person who has been granted a permit to comply with this act does not impose any liability upon the governmental agency issuing the permit.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.732 - Governmental Liability.

460.732 Governmental liability.
Sec. 12.
(1) Except as provided in this section, this act does not affect the liability of a governmental agency for damages for tort or the application of 1964 PA 170, MCL 691.1401 to 691.1419.
(2) A facility owner or a facility operator may file a complaint with the commission seeking a civil fine and, if applicable, damages from a governmental agency under this section for any violation of this act.
(3) After notice and a hearing on a complaint under subsection (2), the commission may order the following, as applicable:
(a) If the commission has not issued an order against the governmental agency under this section within the preceding 12 months, a civil fine of not more than $5,000.00. In determining the amount of the fine, the commission shall consider the factors in section 11(2).
(b) If the commission has issued an order under subdivision (a) against the governmental agency within the preceding 12 months, both of the following:
(i) A civil fine of not more than $10,000.00. In determining the amount of the fine, the commission shall consider the factors in section 11(2).
(ii) That the governmental agency provide at its expense underground facility safety training to all its personnel involved in underground utility work or excavating.
(c) If the commission has issued an order under subdivision (b) against the governmental agency within the preceding 12 months, both of the following:
(i) A civil fine of not more than $15,000.00. In determining the amount of the fine, the commission shall consider the factors in section 11(2).
(ii) If the violation of this act by the governmental agency caused damage to the facilities of the facility owner or facility operator, that the governmental agency pay to the owner or operator the cost of repair of the facilities.
(4) A party to a complaint filed under this section or section 11 may file an appeal of a commission order issued under this section or section 11 in the Ingham county circuit court.
(5) This section does not apply if the violation of this act was a result of action taken in response to an emergency.
(6) A finding by the commission under this section is not admissible in any other proceeding or action.
(7) A civil fine ordered under this act shall be paid to the commission and used for underground facilities safety education and training.
(8) Each day upon which a violation described in this act occurs is a separate offense.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 174 of 2013 - Miss Dig Underground Facility Damage Prevention and Safety Act (460.721 - 460.733) › Section 460.733 - Compliance by Individual Engaged in Farming Operation.

460.733 Compliance by individual engaged in farming operation.
Sec. 13.
An individual engaged in a farming operation on a farm shall comply with this act beginning May 1, 2014.
History:
2013, Act 174, Eff. Apr. 1, 2014
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848) › Article 1 - General Administrative Provisions (460.801...460.816) › Section 460.801 - Short Title.

460.801 Short title.
Sec. 1.
This act may be cited as the "Michigan energy employment act of 1976".
History:
1976, Act 448, Imd. Eff. Jan. 13, 1977
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848) › Article 1 - General Administrative Provisions (460.801...460.816) › Section 460.802 - Meanings of Words and Phrases.

460.802 Meanings of words and phrases.
Sec. 2.
For purposes of this act, the words and phrases defined in sections 3 to 6 shall have the meanings respectively ascribed to them in those sections.
History:
1976, Act 448, Imd. Eff. Jan. 13, 1977
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848) › Article 1 - General Administrative Provisions (460.801...460.816) › Section 460.803 - Definitions; E to J.

460.803 Definitions; E to J.
Sec. 3.
(1) "Electric utility facility" means a facility which a municipality is authorized to acquire as part of a municipal electric utility system under this act or other law.
(2) "Governing body" means the council, commission, or board of trustees of a municipality, or when the charter of a municipality provides that a separate board has general management over the municipal electric utility system, "governing body" means that separate board, subject to review by the legislative body of the municipality as its charter may provide.
(3) "Governmental unit" means a municipality or a joint agency.
(4) "Joint agency" means a public body corporate and politic consisting of a combination of 2 or more municipalities, authorities, or other public bodies organized under article 3.
History:
1976, Act 448, Imd. Eff. Jan. 13, 1977 ;-- Am. 2008, Act 21, Imd. Eff. Mar. 7, 2008
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 448 of 1976 - Michigan Energy Employment Act of 1976 (460.801 - 460.848) › Article 1 - General Administrative Provisions (460.801...460.816) › Section 460.804 - Definitions; M.

460.804 Definitions; M.
Sec. 4.
(1) "Municipal bond" means a bond or note or other evidence of indebtedness payable from ad valorem taxes which a governmental unit may issue.
(2) "Municipal electric utility system" means a system owned by a municipality or combination of municipalities to furnish heat, power, and light.
(3) "Municipality" means a city, county, incorporated village, township, or metropolitan district of this state, or a board, agency, or commission thereof, owning a system or facility for the generation, transmission, or distribution of electric power and energy for public or private use, or proposing to own such a system or facility.
History:
1976, Act 448, Imd. Eff. Jan. 13, 1977