HB 6125

HOUSE BILL NO. 6125
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 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) Beginning
on the effective date of the amendatory act that added this section, before
entering into a contract for any construction, operations, maintenance, or
capital improvement work, an electric utility or natural gas utility shall implement
a competitive procurement process for the work.
(2) Beginning on the effective date of the amendatory act that added
this section, the commission shall not allow an electric utility or natural gas
utility to recover any expenses for a contract for work that was not subject to
a competitive procurement process under subsection (1).
(3) A bidder or ratepayer may bring a civil action for appropriate
injunctive relief, declaratory relief, or damages to enforce compliance with
the competitive procurement process under this section. A prevailing plaintiff
in an action under this subsection is entitled to recover actual damages or
$1,000.00, whichever is greater, plus reasonable attorney fees and costs. This
subsection does not limit any other remedies available under law.
(4) All bids to an electric utility or natural gas utility are
considered public records. An electric utility or natural gas utility shall
make all bids and supporting documentation open to public inspection and
copying in accordance with procedures substantially similar to those provided
under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(5) As used
in sections 6s, 6t, and this section, "competitive procurement
process", "competitively bid", or "competitive
solicitation" means a bidding or procurement process that is consistent
with the requirements for local governments under 2 CFR 200.319, 200.320, and
200.326.