HOUSE BILL No. 4049

 

January 22, 2009, Introduced by Rep. Bettie Scott and referred to the Committee on Energy and Technology.

 

     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 460.10cc) by adding section 9d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 


     Sec. 9d. (1) A service provider shall not discontinue service

 

to a qualifying customer who has filed an application with a

 

service provider under this section. Upon application to a service

 

provider, a qualifying customer shall receive shut-off protection

 

from the service provider under this section for up to 21 days.

 

Upon application to the service provider, the service provider may

 

grant the qualifying customer 1 or more extensions.

 

     (2) Unless waived by the service provider, the shut-off

 

protection provided under this section does not void or limit the

 

obligation of the qualifying customer to pay for electric or gas

 

services received during the time of assistance. A service provider

 

shall not charge a qualifying customer any late fees if that

 

customer receives shut-off protection under this section.

 

     (3) Upon receiving an application from a qualifying customer,

 

a service provider shall do all of the following:

 

     (a) Establish a repayment plan requiring minimum monthly

 

payments that allows the qualifying customer to pay any past due

 

amounts over a reasonable time period.

 

     (b) Provide a qualifying customer with information regarding

 

any governmental, service provider, or other assistance programs.

 

     (c) Provide qualifying customers with access to existing

 

information on ways to minimize or conserve their service usage.

 

     (4) As used in this section:

 

     (a) "Qualifying customer" means a customer or member of the

 

customer's household who demonstrates each of the following:

 

     (i) The customer or member of the customer's household has a

 

serious medical condition which requires electric or gas service.

 


     (ii) The customer or member of the customer's household has

 

provided verification of the serious medical condition to the

 

service provider.

 

     (b) "Service provider" means a provider of electric or natural

 

gas service.