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KHS H04652'25_HB6094_INTR_1 5hkorq
HOUSE BILL NO. 6094
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 and certain providers of electric vehicle charging
services; 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 powers and
duties of certain state governmental officers and entities; 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
June 16, 2026, Introduced by Reps. Byrnes, Miller, Price, Mentzer, McFall, Weiss, Wegela,
Morgan, McKinney, Dievendorf, Rheingans, Myers -Phillips, DeSana, Wilson, Paiz,
MacDonell and Coffia and referred to Committee on Energy.
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KHS H04652'25_HB6094_INTR_1 5hkorq
qualify residential energy conservation programs permitted under
state law for certain federal exemption; to create a fund; 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 6bb.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6bb. (1) An electric utility or natural gas utility shall 1
not recover through rates any cost associated with any of the 2
following: 3
(a) Compensation or expense reimbursement for the utility's 4
board of directors or officers. 5
(b) Tax penalties, fines, or damage awards issued against the 6
utility. 7
(c) Travel, lodging, or food and beverage expenses for the 8
utility's board of directors or officers. 9
(d) Entertainment or gifts for the utility's board of 10
directors or officers. 11
(e) Any owned, leased, or chartered aircraft for the utility's 12
board of directors or officers. 13
(f) Investor relations. 14
(g) Advertising, marketing, communication, or any other 15
related costs that seek to influence public opinion, unless those 16
marketing, advertising, communication, or related costs are 17
specifically approved or ordered by the commission. 18
(h) Lobbying. 19
(i) Charitable contributions, including, but not limited to, 20
contributions to organizations established under 26 USC 501(c)(3) 21
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KHS H04652'25_HB6094_INTR_1 5hkorq
or (4). 1
(j) Membership, dues, sponsorships, or contributions to a 2
business or industry trade association, group, or entity that 3
engages in advertising and public relations, lobbying, or other 4
similar activities intended to influence the outcome of any local, 5
state, or federal legislation, ordinance, resolution, regulation, 6
rule, or ballot measure. 7
(k) Contributions as that term is defined in section 4 of the 8
Michigan campaign finance act, 1976 PA 388, MCL 169.204. 9
(2) If the commission determines that a utility improperly 10
recovered costs under subsection (1), the commission shall order 11
the utility to refund to customers, with interest, any amount 12
collected under subsection (1) and do all of the following: 13
(a) For the first offense, pay a fine of not less than 14
$1,000.00 or more than $20,000.00. 15
(b) For a second offense, pay a fine of not more than 0.1% of 16
the utility's annual revenue. 17
(c) For a third and any subsequent offense, pay a fine of not 18
less than 0.1% of the utility's annual revenue or more than 0.5% of 19
the utility's annual revenue. 20
(3) A fine ordered under subsection (2) must be deposited in 21
the low-income energy assistance fund created in section 9t. 22
(4) As used in this section: 23
(a) "Advertising" means the act of publishing, disseminating, 24
soliciting, or circulating written, online, video, or audio 25
communication intended to induce an individual to patronize a 26
product, service, business, or industry, to promote a business's 27
brand, to emphasize desirable qualities about a product, service, 28
business, or industry, or to influence public opinion with respect 29
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KHS H04652'25_HB6094_INTR_1 5hkorq
to legislative, administrative, or electoral matters. 1
(b) "Lobbying" means directly, or through the solicitation of 2
others, communicating with an individual who is in a position to 3
make a policy decision in order to influence the outcome of local, 4
state, or federal legislation, ordinance, resolution, regulation, 5
rule, or ballot measure. Lobbying does not include participation in 6
a formal proceeding before the commission or a similar regulatory 7
agency. 8