Act No. 173

Public Acts of 2009

Approved by the Governor

December 14, 2009

Filed with the Secretary of State

December 15, 2009

EFFECTIVE DATE: December 15, 2009

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2009

Introduced by Rep. Neumann

ENROLLED HOUSE BILL No. 4658

AN ACT 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 9o.

The People of the State of Michigan enact:

Sec. 9o. (1) A provider shall, in the ordinary course of business, make efforts to identify senior citizen customers by at least 1 of the following methods:

(a) Conducting customer interviews.

(b) Obtaining information from a consumer reporting agency or consumer reporting service.

(c) A personal or automated telephone call where direct contact is made with a member of the customer’s household or a message is recorded on an answering machine or voice mail.

(d) First-class mail.

(e) A personal visit to the customer.

(f) A written notice left at or on the customer’s door.

(g) A bill insert.

(h) Any other method approved by the commission for regulated utilities.

(2) A provider shall comply with the requirements imposed in subsection (1) within 30 days after the effective date of the amendatory act that added this section. The provider’s governing body may for good cause grant an extension to a provider for compliance with subsection (1).

(3) As used in this section:

(a) “Consumer reporting agency” means that term as defined in section 603 of the fair credit reporting act, 15 USC 1681a.

(b) “Provider” means a municipally owned electric or natural gas utility.

(c) “Senior citizen” means a provider customer who is 65 years of age or older.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor