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SB 1043

Trade: business practices; excessively increased pricing for energy products and services during a market disruption; prohibit. Creates new act. TIE BAR WITH: SB 1041'26, SB 1042'26

2025-2026 Regular Session Introduced by Sarah Anthony and 16 co-sponsors

SB 1043 would prohibit excessively high energy prices during disruptions and empower the AG to investigate, pursue civil actions, and levy penalties to protect consumers.

referred to Committee on Regulatory Reform
#consumerprotection:unfairtradepractices #energy:other #stateagencies(existing):attorneygeneral #trade:businesspractices #trade:consumergoodsandservices
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Bill Summary · SB 1043

Summary of SB 1043 (2025-2026) – Michigan

Purpose and intent

SB 1043, introduced June 17, 2026, would create the Energy Pricing Protection Act to prohibit excessive pricing of certain energy-related products and services during and after market disruptions. The bill aims to protect consumers in Michigan from unjustified price spikes in energy markets and to provide enforcement mechanisms through the Attorney General (AG) and local prosecutors, including civil remedies and penalties. It is tie-barred to SBs 1041 and 1042.

Key definitions

  • Energy product or service: Gasoline, propane, home heating oil, or a service necessary to provide those products; excludes items regulated by the Michigan Public Service Commission, FERC, certain cooperatives, municipal utility systems, and joint-action utilities.
  • Excessively increased price: A price more than 20% higher than the pre-disruption price, unless the seller can show the increase reflects:
    • Higher costs to bring the product to market, or
    • An extraordinary discount in effect before the disruption.
  • Market disruption: Events such as severe weather, energy production/distribution failures, strikes, emergencies, or other abnormal market conditions.
  • Reasonably after a market disruption: Up to 30 days after the end of the disruption.

Prohibited conduct

During the disruption or within reasonably after it, a person in the energy supply chain may not:
- Charge a price grossly in excess of pre-disruption levels.
- Charge an excessively increased price.
- Offer for sale at an excessively increased price.

Enforcement and remedies

  • Investigation tools: The AG or local prosecutors can issue a written demand to appear and produce documents under oath; proceedings may be enforced by circuit court actions. Investigative materials are generally confidential, with limited disclosure during enforcement.
  • Civil action and damages: The AG may bring a class action for actual damages or $100 (whichever is greater). The court can order relief such as restitution, honoring reasonable expectations of aggrieved parties, modifying unconscionable contract terms, and other equitable relief.
  • Penalties: Individual violators face up to $10,000 per violation; non-individuals face up to $500,000 per violation. The act allows up to tripled damages for flagrant violations and may include injunctive relief or other penalties.
  • Criminal penalties: Violations with intent to achieve prohibited results are misdemeanors; individuals face up to 1 year imprisonment or $10,000 fine (or both), and non-individuals face up to $500,000 fine.

Procedural and timeline aspects

  • Scope of claims: Actions can be brought for violations occurring no more than four years prior, and no more than one year after the last transaction in a related violation, whichever is later.
  • Hierarchy of action: The bill authorizes state (AG) and local prosecutors to pursue enforcement; it does not require immediate action but provides formal processes and safeguards.
  • Tie-bar: SB 1043 is contingent on passage of SBs 1041 and 1042, which address price protections in lodging and in commodities/emergency goods, respectively.

Affected entities and reach

  • Applies to those in the energy supply chain (gasoline, propane, home heating oil) and related services.
  • Extends to individuals and various business entities engaged in energy distribution.
  • Impacts consumers who face price spikes during market disruptions and potentially local and state government resources to enforce and fund enforcement actions.

Summary impact

Overall, SB 1043 seeks to deter and remedy excessive energy pricing during emergencies or disruptions, providing the AG with tools for investigation, civil action, and penalties, while consolidating a framework for consumer protection in energy markets during critical periods.

Compiled from official sources — confirm details with the bill’s official record.

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