reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.117 - Restraining or Delaying Collection or Payment of Assessments; Statement of Claim; Action for Recovery of Payment; Issues; Review; Remedy Exclusive.

460.117 Restraining or delaying collection or payment of assessments; statement of claim; action for recovery of payment; issues; review; remedy exclusive.
Sec. 7.
A suit or proceeding shall not be maintained in a court for the purpose of restraining or delaying the collection or payment of an assessment made under this act. A person or corporation making a payment under this act, believing the amount to be excessive, erroneous, unlawful or invalid may file a statement of claim with the court of claims. In an action for recovery of a payment made under this act, the claimant may raise every relevant issue of law and fact, evidenced by the record made before the commission. The court of claims may review questions of law and fact involved in a final decision or determination of the commission made under this act. The procedure providing for the determination of the lawfulness of assessments and the recovery of payments made under this act shall be exclusive of all other remedies and procedures.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.118 - Exemption of Certain Public Utilities.

460.118 Exemption of certain public utilities.
Sec. 8.
The commission may exempt a public utility from this act, if, after notice and hearing, it determines that gross revenues derived from intrastate operations is not a fair or equitable basis for assessing the costs of regulating that public utility and prescribes a fair and equitable manner for assessing such costs of regulation.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.119 - Fees in Lieu of Assessment.

460.119 Fees in lieu of assessment.
Sec. 9.
Any public utility over which the commission has jurisdiction solely pursuant to the provisions of Act No. 9 of the Public Acts of 1929, as amended, being sections 483.101 to 483.120 of the Compiled Laws of 1948 or Act No. 16 of the Public Acts of 1929, as amended, being sections 483.1 to 483.11 of the Compiled Laws of 1948 or Act No. 144 of the Public Acts of 1909, as amended, being sections 460.301 to 460.303 of the Compiled Laws of 1948, shall pay fees as prescribed by the commission in lieu of any assessment under the provisions of this act.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 299 of 1972 - Costs of Regulating Public Utilities (460.111 - 460.120) › Section 460.120 - Effective Date.

460.120 Effective date.
Sec. 10.
This act shall take effect when Senate Bill No. 699 of 1971 is enacted and becomes effective.
History:
1972, Act 299, Imd. Eff. Dec. 19, 1972
Compiler's Notes:
Senate Bill No. 699 of 1971, referred to in this section, became Act 300 of 1972.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Repealed - Act 1 of 1974 - Emergency Energy Act of 1973 (460.151 - 460.184)

EMERGENCY ENERGY ACT OF 1973
Act 1 of 1974
460.151-460.184 Expired. 1974, Act 1, Eff. June 30, 1974.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.201 - Carriers by Water; Schedule of Rates, Fares, and Charges Filing; Decision by Department of State Police; Suspension of Operation; Hearing Date; Notice; Setting by Department.

460.201 Carriers by water; schedule of rates, fares, and charges filing; decision by department of state police; suspension of operation; hearing date; notice; setting by department.
Sec. 1.
Any persons, firms, and corporations engaged in the transportation of freight, passengers, or express, by water, wholly within this state, shall, within 30 days after this act takes effect, make and file, in the form prescribed, its schedule of rates, fares, and charges for the carrying of freight, passengers, and express. The filed rates, fares, and charges continue in force until superseded by other schedules filed with the department of state police as provided in this section. The department of state police shall make a decision on all filed rates, fares, and charges within 30 days after the rates, fares, and charges are filed. The department of state police may, either upon request or upon its own motion, suspend the operation of any filed rate, fare, charge, or tariff for a period not exceeding 30 days. If a filed rate, fare, charge, or tariff is suspended by the department of state police, the department shall give the interested carrier immediate notice of the suspension and shall, within 10 days from the date of the suspension, set a hearing date not more than 20 days from the date of the suspension. The department of state police shall give notice of the hearing date to the carrier and to other interested persons. After the hearing, the department of state police shall set the rate, fare, charge, or tariff in the matter complained of, and that rate, fare, charge, or tariff continues to be the legal rate, fare, charge, or tariff in force until superseded as provided by law. Any ferry company operating within any municipality under an agreement with that municipality is not affected either as to fares or as to operation by this act.
History:
1921, Act 246, Imd. Eff. May 18, 1921 ;-- CL 1929, 11071 ;-- CL 1948, 460.201 ;-- Am. 2017, Act 240, Eff. Mar. 21, 2018
Compiler's Notes:
The public utilities commission, referred to in this section, was abolished and its powers and duties transferred to the public service commission by MCL 460.4.For transfer of powers and duties of public service commission, department of licensing and regulatory affairs under carriers by water act, 1921 PA 246, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.202 - Carriers by Water; Examination and Audit of Books by Department of State Police; Duty to Furnish Data.

460.202 Carriers by water; examination and audit of books by department of state police; duty to furnish data.
Sec. 2.
Except as otherwise provided in section 7, the department of state police may examine and audit any and all books, accounts, records, and papers of a carrier by water. A carrier by water shall furnish to the department of state police, its proper officers, and employees, any and all data in relation to its investment, income, operating expenses, and other statistical data as the department may require.
History:
1921, Act 246, Imd. Eff. May 18, 1921 ;-- CL 1929, 11072 ;-- CL 1948, 460.202 ;-- Am. 2017, Act 240, Eff. Mar. 21, 2018
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs under carriers by water act, 1921 PA 246, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.203 - Carriers by Water; Rules.

460.203 Carriers by water; rules.
Sec. 3.
The department of state police is authorized, empowered, and directed to make all necessary rules and regulations governing its investigations of the affairs of carriers by water and to prescribe the form of all reports required from those carriers.
History:
1921, Act 246, Imd. Eff. May 18, 1921 ;-- CL 1929, 11073 ;-- CL 1948, 460.203 ;-- Am. 2017, Act 240, Eff. Mar. 21, 2018
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs under carriers by water act, 1921 PA 246, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.204 - Carriers by Water; Complaint; Investigation; Regulation.

460.204 Carriers by water; complaint; investigation; regulation.
Sec. 4.
If any complaint is made to the department of state police by any person, firm, or corporation against any rate, fare, charge, or tariff of any carrier by water within this state, or against any rule or regulation of a carrier by water or against the neglect, failure, or refusal of a carrier by water to make, observe, or perform any rate, fare, charge, or tariff, or any rule or regulation, the department of state police shall investigate the matter, and the department may regulate the performance or observance of any rate, fare, charge, or tariff, and any rule or regulation, and may require the carrier to observe the rate, fare, charge, or tariff and any rule or regulation. A carrier by water is in all cases entitled to reasonable notice and an opportunity to be heard on an investigation before any rate, fare, charge, or tariff, or any rule or regulation is prescribed, established, or imposed by the department of state police as provided in this section, and if any rate, fare, charge, or tariff, or any rule or regulation is prescribed, established, or imposed by the department of state police, the carrier by water shall observe and obey the same.
History:
1921, Act 246, Imd. Eff. May 18, 1921 ;-- CL 1929, 11074 ;-- CL 1948, 460.204 ;-- Am. 2017, Act 240, Eff. Mar. 21, 2018
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs under carriers by water act, 1921 PA 246, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.205 - Carriers by Water; Appeal of Order or Decision.

460.205 Carriers by water; appeal of order or decision.
Sec. 5.
A carrier by water may appeal any order or decision made by the department of state police prescribing or affecting any rate, fare, charge, or tariff, or any rule or regulation of any carrier by water within this state, in the same manner as is now provided by law for the appeal of orders under section 26 of 1909 PA 300, MCL 462.26.
History:
1921, Act 246, Imd. Eff. May 18, 1921 ;-- CL 1929, 11075 ;-- CL 1948, 460.205 ;-- Am. 2017, Act 240, Eff. Mar. 21, 2018
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs under carriers by water act, 1921 PA 246, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.206 - Violation; Penalty.

460.206 Violation; penalty.
Sec. 6.
Any person, firm, or corporation violating any of the provisions of this act, or any order of the department of state police made pursuant to this act, shall be punished by a fine of not more than $100.00 for each violation. Any officer or director of any corporation violating the provisions of this act, or any of the orders of the department of state police made pursuant to this act, shall be punished by a fine of not more than $100.00 for each violation, or by imprisonment in the county jail for not more than 3 months, or by both fine and punishment, in the discretion of the court.
History:
1921, Act 246, Imd. Eff. May 18, 1921 ;-- CL 1929, 11076 ;-- CL 1948, 460.206 ;-- Am. 2017, Act 240, Eff. Mar. 21, 2018
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs under carriers by water act, 1921 PA 246, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 246 of 1921 - Carriers by Water (460.201 - 460.207) › Section 460.207 - Proposed Rate, Fare, Charge, or Tariff of Carrier; Authority and Duties of Department of State Police.

460.207 Proposed rate, fare, charge, or tariff of carrier; authority and duties of department of state police.
Sec. 7.
(1) The department of state police shall compare the proposed rate, fare, charge, or tariff of any carrier by water that primarily transports vehicles directly between 2 state highways to the rates, fares, charges, or tariffs charged by comparable carriers by water. The department of state police shall automatically approve any proposed rate, fare, charge, or tariff of any carrier by water that primarily transports vehicles directly between 2 state highways that is less than the rates, fares, charges, or tariffs charged by comparable carriers by water. The department of state police shall not audit any carrier by water whose proposed rate, fare, charge, or tariff is less than the rates, fares, charges, or tariffs charged by comparable carriers by water. The department of state police may approve a proposed rate, fare, charge, or tariff of any carrier by water that primarily transports vehicles directly between 2 state highways that is more than the rates, fares, charges, or tariffs charged by comparable carriers by water if, based on justification submitted by the carrier by water, the department of state police finds the rate, fare, charge, or tariff is reasonable. If the department of state police determines that a rate, fare, charge, or tariff is not reasonable, the department of state police shall, within 15 days after that determination, meet with the carrier by water and explain the reasons for its determination. Any carrier by water that meets the criteria of this section is deemed an instrumentality of the state.
(2) This section does not apply to a carrier by water that is operating within any municipality under an agreement with that municipality.
History:
Add. 2017, Act 240, Eff. Mar. 21, 2018
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 149 of 1996 - Orders and Jurisdiction of Public Service Commission (460.311 - 460.312) › Section 460.311 - Repeal of MCL 460.301 to 460.303; Effect on Certain Public Service Commission Orders.

460.311 Repeal of MCL 460.301 to 460.303; effect on certain public service commission orders.
Sec. 1.
The repeal of Act No. 144 of the Public Acts of 1909, being sections 460.301 to 460.303 of the Michigan Compiled Laws, did not alter or void any order issued by the Michigan public service commission authorizing the issue of securities under Act No. 144 of the Public Acts of 1909.
History:
1996, Act 149, Imd. Eff. Mar. 25, 1996
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 149 of 1996 - Orders and Jurisdiction of Public Service Commission (460.311 - 460.312) › Section 460.312 - Jurisdiction of Commission Over Stocks, Bonds, or Other Evidences of Indebtedness.

460.312 Jurisdiction of commission over stocks, bonds, or other evidences of indebtedness.
Sec. 2.
Notwithstanding the repeal of former Act No. 144 of the Public Acts of 1909, being sections 460.301 to 460.303 of the Michigan Compiled Laws, the Michigan public service commission shall continue to have jurisdiction over any stocks, bonds, or other evidences of indebtedness that were issued pursuant to an order of the commission under former Act No. 144 of the Public Acts of 1909.
History:
1996, Act 149, Imd. Eff. Mar. 25, 1996
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 94 of 1923 - Rehearings by Public Utility Commission (460.351 - 460.352) › Section 460.351 - Rehearings; Amendment of Orders.

460.351 Rehearings; amendment of orders.
Sec. 1.
The Michigan public utilities commission, in any proceeding which may now be pending before it or which shall hereafter be brought before it, shall have full power and authority to grant rehearings and to alter, amend or modify its findings and orders.
History:
1923, Act 94, Eff. Aug. 30, 1923 ;-- CL 1929, 11081 ;-- CL 1948, 460.351
Compiler's Notes:
The public utilities commission, referred to in this section, was abolished and its powers and duties transferred to the public service commission by MCL 460.4.For transfer of functions relating to the regulation of common carrier railroads from the Public Service Commission to the Department of Transportation, see E.R.O. No. 1982-3, compiled at MCL 247.823 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 94 of 1923 - Rehearings by Public Utility Commission (460.351 - 460.352) › Section 460.352 - Suit to Review Order; Time.

460.352 Suit to review order; time.
Sec. 2.
The time allowed by law for the bringing of suit to review any order of the commission, shall continue after the order denying a rehearing or made upon a rehearing, for the same number of days now provided by law for review of the order upon which such rehearing was denied or had.
History:
1923, Act 94, Eff. Aug. 30, 1923 ;-- CL 1929, 11082 ;-- CL 1948, 460.352
Compiler's Notes:
For transfer of functions relating to the regulation of common carrier railroads from the Public Service Commission to the Department of Transportation, see E.R.O. No. 1982-3, compiled at MCL 247.823 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Repealed - Act 47 of 1921 - Expenses of Audit and Appraisal by Public Utility Commission (460.401 - 460.403)

EXPENSES OF AUDIT AND APPRAISAL BY PUBLIC UTILITY COMMISSION
Act 47 of 1921
460.401-460.403 Repealed. 1978, Act 272, Imd. Eff. June 29, 1978.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Repealed - Act 38 of 1925 - Municipal Public Utilities; Uniform System of Accounts (460.451 - 460.451)

MUNICIPAL PUBLIC UTILITIES; UNIFORM SYSTEM OF ACCOUNTS
Act 38 of 1925
460.451 Repealed. 1986, Act 261, Imd. Eff. Dec. 9, 1986.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 182 of 1971 - Loans to Cities or Villages Owning Public Utilities (460.461 - 460.463) › Section 460.461 - Loans to Cities or Villages Owning and Operating Public Utilities; Evidences of Indebtedness; Term of Loan; Security; Indebtedness Subject to Revenue Bond Act.

460.461 Loans to cities or villages owning and operating public utilities; evidences of indebtedness; term of loan; security; indebtedness subject to revenue bond act.
Sec. 1.
(1) A city or village owning and operating a public utility, without vote of its electors and upon approval of its legislative body, may borrow money and issue and sell its notes or other evidences of indebtedness in the form and on the terms it deems advisable for the purpose of purchasing equipment or fuel, or both, or of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing the facilities of the public utility. Loans shall not be made or notes or other evidences of indebtedness issued for a term exceeding 5 years. Notes or other evidences of indebtedness relating to fuels or supplies shall not exceed a term of 18 months.
(2) Notes or other evidences of indebtedness issued under this act shall not be general obligations of the city or village but shall be secured by and payable from the unencumbered revenues of the utility and other pledges and assignments authorized in this act. The city or village may pledge or assign bonds or other securities or evidences of debt held by it as investments for the public utility as security for the loan and to guarantee its repayment.
(3) Notes or other evidences of indebtedness are subject to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
History:
1971, Act 182, Imd. Eff. Dec. 20, 1971 ;-- Am. 1972, Act 130, Imd. Eff. May 8, 1972 ;-- Am. 1975, Act 155, Imd. Eff. July 9, 1975 ;-- Am. 2002, Act 409, Imd. Eff. June 3, 2002
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 182 of 1971 - Loans to Cities or Villages Owning Public Utilities (460.461 - 460.463) › Section 460.462 - Home Rule City Act Inapplicable.

460.462 Home rule city act inapplicable.
Sec. 2.
Section 5(g) of the home rule city act, 1909 PA 279, MCL 117.5, relative to notice of intention to issue an obligation, does not apply to any borrowing under this act.
History:
1971, Act 182, Imd. Eff. Dec. 20, 1971 ;-- Am. 1972, Act 130, Imd. Eff. May 8, 1972 ;-- Am. 1983, Act 121, Imd. Eff. July 18, 1983 ;-- Am. 2002, Act 409, Imd. Eff. June 3, 2002
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 182 of 1971 - Loans to Cities or Villages Owning Public Utilities (460.461 - 460.463) › Section 460.463 - Forfeiture of Security to Pledgee or Assignee.

460.463 Forfeiture of security to pledgee or assignee.
Sec. 3.
A pledge or assignment may allow forfeiture of the security to the pledgee or assignee for default or noncompliance with the terms of the loan.
History:
1971, Act 182, Imd. Eff. Dec. 20, 1971
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 69 of 1929 - Certificate of Convenience and Necessity (460.501 - 460.506) › Section 460.501 - Certificate of Convenience and Necessity; Definition.

460.501 Certificate of convenience and necessity; definition.
Sec. 1.
The term "municipality", when used in this act, means a city, village or township.
The term "public utility", when used in this act, means persons and corporations, other than municipal corporations, or their lessees, trustees and receivers now or hereafter owning or operating in this state equipment or facilities for producing, generating, transmitting, delivering or furnishing gas or electricity for the production of light, heat or power to or for the public for compensation.
The term "commission", when used in this act, means the Michigan public utilities commission or such other state governmental agency as may exercise the powers now conferred upon said commission.
History:
1929, Act 69, Imd. Eff. Apr. 23, 1929 ;-- CL 1929, 11087 ;-- CL 1948, 460.501
Compiler's Notes:
The public utilities commission, referred to in this section, was abolished and its powers and duties transferred to the public service commission by MCL 460.4.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 69 of 1929 - Certificate of Convenience and Necessity (460.501 - 460.506) › Section 460.502 - Certificate of Convenience; Necessity for Gas or Electric Utilities.

460.502 Certificate of convenience; necessity for gas or electric utilities.
Sec. 2.
No public utility shall hereafter begin the construction or operation of any public utility plant or system thereof nor shall it render any service for the purpose of transacting or carrying on a local business either directly, or indirectly, by serving any other utility or agency so engaged in such local business, in any municipality in this state where any other utility or agency is then engaged in such local business and rendering the same sort of service, or where such municipality is receiving service of the same sort, until such public utility shall first obtain from the commission a certificate that public convenience and necessity requires or will require such construction, operation, service, or extension.
History:
1929, Act 69, Imd. Eff. Apr. 23, 1929 ;-- CL 1929, 11088 ;-- CL 1948, 460.502
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 69 of 1929 - Certificate of Convenience and Necessity (460.501 - 460.506) › Section 460.503 - Petition; Contents.

460.503 Petition; contents.
Sec. 3.
Before any such certificate of convenience and necessity shall issue, the applicant therefor shall file a petition with the commission stating the name of the municipality or municipalities which it desires to serve and the kind of service which it proposes to render, and that the applicant has secured the necessary consent or franchise from such municipality or municipalities authorizing it to transact a local business.
History:
1929, Act 69, Imd. Eff. Apr. 23, 1929 ;-- CL 1929, 11089 ;-- CL 1948, 460.503
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 69 of 1929 - Certificate of Convenience and Necessity (460.501 - 460.506) › Section 460.504 - Hearing; Notices.

460.504 Hearing; notices.
Sec. 4.
Upon filing such application, the commission shall set a day for the hearing thereof in accordance with its rules and practice relating to hearings and notify the applicant thereof. A copy of said application and a notice of the time and place of hearing such application shall also be served upon each and every other utility or agency in the municipality or municipalities proposed to be served by said applicant then rendering similar service therein, and also upon the clerk or other similar officer of each municipality, at least 10 days before such hearing, and said persons so served shall each be permitted to appear and be heard with reference to said application.
History:
1929, Act 69, Imd. Eff. Apr. 23, 1929 ;-- CL 1929, 11090 ;-- CL 1948, 460.504
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 69 of 1929 - Certificate of Convenience and Necessity (460.501 - 460.506) › Section 460.505 - Hearing; Matters for Consideration; Certificate, Contents.

460.505 Hearing; matters for consideration; certificate, contents.
Sec. 5.
In determining the question of public convenience and necessity the commission shall take into consideration the service being rendered by the utility then serving such territory, the investment in such utility, the benefit, if any, to the public in the matter of rates and such other matters as shall be proper and equitable in determining whether or not public convenience and necessity requires the applying utility to serve the territory. Every certificate of public convenience and necessity issued by the commission, under the authority hereby granted, shall describe in detail the territory in which said applicant shall operate and it shall not operate in or serve any other territory under the authority of said certificate.
History:
1929, Act 69, Imd. Eff. Apr. 23, 1929 ;-- CL 1929, 11091 ;-- CL 1948, 460.505
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 69 of 1929 - Certificate of Convenience and Necessity (460.501 - 460.506) › Section 460.506 - Review of Order or Decree.

460.506 Review of order or decree.
Sec. 6.
Any order or decree of the Michigan public service commission shall be subject to review in the manner provided for in section 26 of Act No. 300 of the Public Acts of 1909, being section 462.26 of the Michigan Compiled Laws.
History:
1929, Act 69, Imd. Eff. Apr. 23, 1929 ;-- CL 1929, 11092 ;-- CL 1948, 460.506 ;-- Am. 1987, Act 11, Imd. Eff. Mar. 31, 1987
Compiler's Notes:
For provisions of Act 419 of 1919, referred to in this section, see MCL 460.51 et seq.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.551 - Transmission of Electricity in or Between Counties; Control.

460.551 Transmission of electricity in or between counties; control.
Sec. 1.
When electricity is generated or developed by steam, water or other power, within 1 county of this state, and transmitted and delivered to the consumer in the same or some other county, then the transmission and distribution of the same in or on the public highways, streets and places, the rate of charge to be made to the consumer for the electricity so transmitted and distributed and the rules and conditions of service under which said electricity shall be transmitted and distributed shall be subject to regulation as in this act provided.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4842 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11093 ;-- CL 1948, 460.551
Admin Rule:
R 460.501 et seq.; R 460.581 et seq.; and R 460.2101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.552 - Transmission of Electricity; Rate Regulation by Commission.

460.552 Transmission of electricity; rate regulation by commission.
Sec. 2.
The Michigan public utilities commission, hereinafter referred to as "the commission" shall have control and supervision of the business of transmitting and supplying electricity as mentioned in the first section of this act and no public utility supplying electricity shall put into force any rate or charge for the same without first petitioning said commission for authority to initiate or put into force such rate or charge and securing the affirmative action of the commission approving said rate or charge.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4843 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11094 ;-- CL 1948, 460.552
Compiler's Notes:
The public utilities commission, referred to in this section, was abolished and its powers and duties transferred to the public service commission by MCL 460.4.
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.553 - Transmission of Electricity; User of Streets, Regulation.

460.553 Transmission of electricity; user of streets, regulation.
Sec. 3.
Any person, firm or corporation engaged or organized to engage in any such business of transmitting and supplying electricity in 1 or more counties of this state shall, with the consent of the duly constituted city, village and township authorities of the cities, villages and townships in or through which it operates or may hereafter propose to operate, have the right to use the highways, streets, alleys and other public places of such cities, villages and townships: Provided, That in all cases each transmission line used shall have insulation and conductivity in accordance with its voltage. In case it has or procures a franchise from any city, village or township or a right to do business therein, it may transact a local business therein. Nothing herein contained shall be construed to impair any right possessed by any village or township to the reasonable control of its streets, alleys and public places in all matters of mere local concern.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4844 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11095 ;-- CL 1948, 460.553
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.554 - Data and Information; Specifications of Construction; Filing; Height of Lines; Stenciling of Poles; Act Subject to Electric Transmission Line Certification Act.

460.554 Data and information; specifications of construction; filing; height of lines; stenciling of poles; act subject to electric transmission line certification act.
Sec. 4.
(1) If required by the commission, an electric utility erecting lines to transmit electricity in or through the highways, streets, or public places of 1 or more counties of this state shall prepare and file with the commission data and information concerning the method and manner of the construction of those lines, the franchise or consent under which those lines were constructed or are being maintained, and other information the commission reasonably requires. The commission may require the filing of detailed specifications covering the type of construction of transmission lines. The specifications shall show the details of construction of lines of various voltages. If the commission approves the specifications, all lines built by the electric utility shall be constructed according to the specifications. Transmission lines at all highway crossings shall be not less than 22 feet high and at railroad crossings shall be in accordance with the commission's rules made under authority of law. The commission may require all poles used in transmitting electricity to be stenciled or otherwise marked with the owner's name.
(2) This act is subject to the electric transmission line certification act.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4845 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- Am. 1923, Act 93, Eff. Aug. 30, 1923 ;-- CL 1929, 11096 ;-- CL 1948, 460.554 ;-- Am. 1995, Act 33, Imd. Eff. May 17, 1995
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.555 - Public Utility Commission; Inspection; Order for Improvements.

460.555 Public utility commission; inspection; order for improvements.
Sec. 5.
The commission shall have power to inspect and examine all such electrical apparatus already installed in any public highways, streets or places and all such apparatus hereafter installed, and to investigate from time to time the method employed by persons, firms or corporations transmitting and supplying electricity, and shall have power to order such improvements in such method as shall be necessary to secure good service and the safety of the public and of those employed in the business of transmitting and distributing such electricity, and of any persons liable to be injured by the erection, maintenance and use of such apparatus.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4846 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11097 ;-- CL 1948, 460.555
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.556 - Public Utility Commission; Discretionary Powers; Annual Report of Utilities; Audit, Expense.

460.556 Public utility commission; discretionary powers; annual report of utilities; audit, expense.
Sec. 6.
The commission shall have power in its discretion to order electric current for distribution to be delivered at a suitable primary voltage, to any city, village or township through which a transmission line or lines may pass; to order service to be rendered by any such electric utility in any case in which it will be reasonable for such service to be ordered; prescribe uniform methods of keeping accounts to be observed by all persons, firms or corporations engaged in such business of transmitting and supplying electricity, and to keep informed as to the methods employed by all electric utilities in the transaction of their business; and to see that their property is maintained and operated for the security and accommodation of the public and in compliance with the provisions of law. It shall have power to require of such persons, firms or corporations annually a verified report upon such form and giving such information as will enable the commission to better discharge the duties imposed upon it hereby; and shall also have power to require from all electric utilities in the state such information as the commission may need at any time in connection with the performance of the duties imposed upon it by this act. Said commission shall also have power, in connection with any rate or service hearing or investigation, to make such audit and analysis of the books and records of the utility, and such inventory and appraisal of its property as may be necessary in connection with the duties imposed upon the commission by this act; and in any such case the commission shall keep a record of all expenses incurred by it in connection with its investigation of the affairs and property of the said utility and during the progress or at the conclusion of its work, shall state the amount thereof in writing to the said utility and said utility shall pay into the treasury of the state the amount of such expense at such times and in such manner as the commission may by order require. Said moneys when so paid into the state treasury shall go to the credit of the Michigan public utilities commission, and are hereby appropriated to the payment of its expenses.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4847 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11098 ;-- CL 1948, 460.556
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.558 - Public Utility Commission; Order Mandatory; Failure to Comply, Penalty.

460.558 Public utility commission; order mandatory; failure to comply, penalty.
Sec. 8.
Every corporation, its officers, agents and employes, and all persons and firms engaged in the business of furnishing electricity as aforesaid shall obey and comply with every lawful order made by the commission under the authority of this act so long as the same shall remain in force. Any corporation or person engaged in such business or any officer, agent, or employe thereof, who wilfully or knowingly fails or neglects to obey or comply with such order or any provision of this act shall forfeit to the state of Michigan not to exceed the sum of 300 dollars for each offense. Every distinct violation of any such order or of this act, shall be a separate offense, and in case of a continued violation, each day shall be deemed a separate offense. An action to recover such forfeiture may be brought in any court of competent jurisdiction in this state in the name of the people of the state of Michigan, and all moneys recovered in any such action, together with the costs thereof, shall be paid into the state treasury to the credit of the general fund.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4849 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11100 ;-- CL 1948, 460.558
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 106 of 1909 - Transmission of Electricity (460.551 - 460.559) › Section 460.559 - Scope; Limitation.

460.559 Scope; limitation.
Sec. 9.
This act shall not apply to the transmission or use of electricity for the purpose of conveying intelligence by telegraph, telephone or by other methods now or hereafter adopted therefor.
History:
1909, Act 106, Eff. Sept. 1, 1909 ;-- CL 1915, 4850 ;-- Am. 1921, Act 274, Eff. Aug. 18, 1921 ;-- CL 1929, 11101 ;-- CL 1948, 460.559
2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 30 of 1995 - Electric Transmission Line Certification Act (460.561 - 460.575) › Section 460.561 - Short Title.

460.561 Short title.
Sec. 1.
This act shall be known and may be cited as the "electric transmission line certification act".
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 460.563 - Transmission as Essential Service; Act as Controlling.

460.563 Transmission as essential service; act as controlling.
Sec. 3.
(1) Transmission of electricity is an essential service.
(2) This act shall control in any conflict between this act and any other law of this state.
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 460.564 - Construction Plan.

460.564 Construction plan.
Sec. 4.
(1) If an electric utility that has 50,000 or more residential customers in this state, affiliated transmission company, or an independent transmission company plans to construct a major transmission line in this state in the 5 years after planning commences, the electric utility, affiliated transmission company, or independent transmission company shall submit a construction plan to the commission. An electric utility with fewer than 50,000 residential customers in this state may submit a plan under this section. A plan shall include all of the following:
(a) The general location and size of all major transmission lines to be constructed in the 5 years after planning commences.
(b) Copies of relevant bulk power transmission information filed by the electric utility, affiliated transmission company, or independent transmission company with any state or federal agency, national electric reliability coalition, or regional electric reliability coalition.
(c) Additional information required by commission rule or order that directly relates to the construction plan.
(2) At the same time the electric utility, affiliated transmission company, or independent transmission company submits a construction plan to the commission under subsection (1), the electric utility, affiliated transmission company, or independent transmission company shall provide a copy of the construction plan to each municipality in which construction of the planned major transmission line is intended.
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 460.565 - Transmission Line; Certificate Required.

460.565 Transmission line; certificate required.
Sec. 5.
An electric utility, affiliated transmission company, or independent transmission company shall not begin construction of a major transmission line for which a plan has been submitted under section 4 until the commission issues a certificate for that transmission line. Except as otherwise provided in section 9, a certificate of public convenience and necessity under this act is not required for constructing a new transmission line other than a major transmission line or for reconstructing, repairing, replacing, or improving an existing transmission line, including the addition of circuits to an existing transmission line.
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 460.566 - Public Meeting as Condition for Certificate Application.

460.566 Public meeting as condition for certificate application.
Sec. 6.
(1) Before applying for a certificate under section 5, an electric utility, affiliated transmission company, or independent transmission company shall schedule and hold a public meeting in each municipality through which a proposed major transmission line for which a plan has been submitted under section 4 would pass. A public meeting held in a township satisfies the requirement that a public meeting be held in each affected village located within the township.
(2) In the 60 days before a public meeting held under subsection (1), the electric utility, affiliated transmission company, or independent transmission company shall offer in writing to meet with the chief elected official of each affected municipality or his or her designee to discuss the utility's, affiliated transmission company's, or independent transmission company's desire to build the major transmission line and to explore the routes to be considered.
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 460.567 - Application for Certificate for Proposed Major Transmission Line; Withdrawal; Contents.

460.567 Application for certificate for proposed major transmission line; withdrawal; contents.
Sec. 7.
(1) An electric utility that has 50,000 or more residential customers in this state, an affiliated transmission company, or an independent transmission company shall apply to the commission for a certificate for a proposed major transmission line. An applicant may withdraw an application at any time.
(2) An application for a certificate shall contain all of the following:
(a) The planned date for beginning construction.
(b) A detailed description of the proposed major transmission line, its route, and its expected configuration and use.
(c) A description and evaluation of 1 or more alternate major transmission line routes and a statement of why the proposed route was selected.
(d) If a zoning ordinance prohibits or regulates the location or development of any portion of a proposed route, a description of the location and manner in which that zoning ordinance prohibits or regulates the location or construction of the proposed route.
(e) The estimated overall cost of the proposed major transmission line.
(f) Information supporting the need for the proposed major transmission line, including identification of known future wholesale users of the proposed major transmission line.
(g) Estimated quantifiable and nonquantifiable public benefits of the proposed major transmission line.
(h) Estimated private benefits of the proposed major transmission line to the applicant or any legal entity that is affiliated with the applicant.
(i) Information addressing potential effects of the proposed major transmission line on public health and safety.
(j) A summary of all comments received at each public meeting and the applicant's response to those comments.
(k) Information indicating that the proposed major transmission line will comply with all applicable state and federal environmental standards, laws, and rules.
(l) Other information reasonably required by the commission pursuant to rule.
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 460.569 - Certificate Other Than for Major Transmission Line; Provisions Applicable to Issuance; Applicability of MCL 460.564.

460.569 Certificate other than for major transmission line; provisions applicable to issuance; applicability of MCL 460.564.
Sec. 9.
(1) An electric utility, affiliated transmission company, or independent transmission company may file an application with the commission for a certificate for a proposed transmission line other than a major transmission line. If an electric utility, affiliated transmission company, or independent transmission company applies for a certificate under this section, the electric utility, affiliated transmission company, or independent transmission company shall not begin construction of the proposed transmission line until the commission issues a certificate for that transmission line.
(2) The commission shall proceed on an application in the same manner as provided in section 8. Except as otherwise provided in subsection (3), the provisions of this act that apply to applications and certificates for major transmission lines apply in the same manner to applications and certificates issued under this section.
(3) Section 4 does not apply to a transmission line for which a certificate is sought under this section.
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 460.570 - Local Ordinances or Limitations in Conflict With Certificate; Effect.

460.570 Local ordinances or limitations in conflict with certificate; effect.
Sec. 10.
(1) If the commission grants a certificate under this act, that certificate shall take precedence over a conflicting local ordinance, law, rule, regulation, policy, or practice that prohibits or regulates the location or construction of a transmission line for which the commission has issued a certificate.
(2) A zoning ordinance or limitation imposed after an electric utility, affiliated transmission company, or independent transmission company files for a certificate shall not limit or impair the transmission line's construction, operation, or maintenance.
(3) In an eminent domain or other related proceeding arising out of or related to a transmission line for which a certificate is issued, a certificate issued under this act is conclusive and binding as to the public convenience and necessity for that transmission line and its compatibility with the public health and safety or any zoning or land use requirements in effect when the application was filed.
History:
1995, Act 30, Imd. Eff. May 17, 1995 ;-- Am. 2004, Act 198, Imd. Eff. July 12, 2004