HB-4386, As Passed Senate, November 10, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4386

A bill to amend 1939 PA 3, entitled

"An act to provide for the regulation and control of public and

certain private utilities and other services affected with a public

interest within this state; to provide for alternative energy

suppliers; to provide for licensing; to include municipally owned

utilities and other providers of energy under certain provisions of

this act; to create a public service commission and to prescribe

and define its powers and duties; to abolish the Michigan public

utilities commission and to confer the powers and duties vested by

law on the public service commission; to provide for the

continuance, transfer, and completion of certain matters and

proceedings; to abolish automatic adjustment clauses; to prohibit

certain rate increases without notice and hearing; to qualify

residential energy conservation programs permitted under state law

for certain federal exemption; to create a fund; to provide for a

restructuring of the manner in which energy is provided in this

state; to encourage the utilization of resource recovery

facilities; to prohibit certain acts and practices of providers of

energy; to allow for the securitization of stranded costs; to

reduce rates; to provide for appeals; to provide appropriations; to

declare the effect and purpose of this act; to prescribe remedies

and penalties; and to repeal acts and parts of acts,"

(MCL 460.1 to 460.11) by adding section 9s.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 9s. (1) A provider shall postpone a shutoff of service

for not more than 21 days if the customer or a member of the

customer's household is a critical care customer or has a certified

medical emergency. The customer's certification shall identify the

medical condition, any medical or life-supporting equipment being

used, and the specific time period during which the shutoff of

service will aggravate the medical emergency. The provider shall

extend the postponement for further periods of not more than 21

days, not to exceed a total postponement of shutoff of service of

63 days, only if the customer provides additional certification

that the customer or a member of the customer's household is a

critical care customer or has a certified medical emergency. If

shutoff of service has occurred without any postponement being

obtained, the provider shall restore service for not more than 21

days, and shall continue the restoration for further periods of not

more than 21 days, not to exceed a total restoration of service of

63 days in any 12-month period per household member. Annually, a

provider is not required to grant shutoff extensions totaling more

than 126 days per household.

(2) As used in this section:

(a) "Critical care customer" means a customer who requires, or

has a household member who requires, home medical equipment or a

life-support system, and who has provided appropriate documentation

from a physician or medical facility to the provider identifying

the medical equipment or life-support system and certifying that an

interruption of service would be immediately life-threatening.

(b) "Medical emergency" means an existing medical condition of

the customer or a member of the customer's household, as defined

and certified by a physician or public health official on official

stationery or company-provided form, that will be aggravated by the

lack of utility service.

gas utility.