One of the most frequently used emergency powers in this group is the governor’s ability to declare a state of energy emergency. This comes from an act created in 1982. As previously stated, it may be triggered when there is “a condition of danger to the health, safety, or welfare of the citizens of this state due to an impending or present energy shortage.”[112] The governor determines when there is a “lack of adequate available energy,” and these powers can be used whenever there is a shortage in “any part of the state” — perhaps in a single village, town or city.[113]
The statute contains a detailed scope of authority. Governors may restrict the use and sale of energy; the interior temperatures of public buildings; the use of lighting and hours of operation of any type of building; and the use of vehicles and public transportation.[*] In addition, the governor may require suppliers to deliver energy to a certain person or facility if that person or facility provides “essential services for the health, safety, and welfare of the residents of this state.”[114] Governors may suspend a state statute, order or rule if it “will prevent, hinder, or delay necessary action.”[115]
What key terms in the scope of authority mean are left to the discretion of the governor, however. “Essential services,” for example, is not defined, nor is the “necessary action” that would justify suspending a state statute. The scope of authority does prohibit certain actions during a declared energy emergency. A governor “may not suspend a criminal process or procedure or a statute or rule governing the operation of the legislature.”[116]
The state contains a firm durational limit, with emergency declarations automatically expiring after 90 days.[117] It can be extended, but only if the Legislature approves. Additionally, the Legislature, with a majority vote in both chambers, may end an energy emergency declaration at any time.[118] Effectively, this means that both the executive and legislative branches must agree on the need for extraordinary action.
[*] The statute refers to the interior temperatures of “public, commercial, industrial, and school buildings.” Presumably, this means that the governor could not restrict the temperatures of private homes and residences. MCL § 10.84(a).