Bill Text: AZ HB2615 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Water utility acquisition; municipal action
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-19 - House NREW Committee action: Do Pass, voting: (10-2-0-1-0-0) [HB2615 Detail]
Download: Arizona-2019-HB2615-Introduced.html
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REFERENCE TITLE: water utility acquisition; municipal action |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2615 |
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Introduced by Representative Shope
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AN ACT
amending section 9-514, arizona revised statutes; relating to public utilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-514, Arizona Revised Statutes, is amended to read:
9-514. Authority to engage in utility business; exceptions
A. Except as provided in section 9‑571 and subsection b of this section, before construction, purchase, acquisition or lease by a municipal corporation, as authorized in sections 9‑511, 9‑511.01, 9‑511.02, 9‑512 and 9‑513, of any plant or property or portion of plant or property devoted to the business of or services rendered by a public utility shall be is undertaken, the construction, purchase, acquisition or lease shall be authorized by the affirmative vote of a majority of the qualified electors who are taxpayers of the municipal corporation voting at a general or special municipal election duly called and held for the purpose of voting on the question.
B. This section does not apply to the following:
1. the construction, purchase, acquisition or lease of water or sewage system utilities by a city or town incorporated pursuant to section 9‑101.02.
2. the construction, purchase, acquisition or lease of any plant or property or portion of any plant or property devoted to the business of providing WATER and wastewater services if all of the following apply:
(a) the owner of the property being served by the public utility has requested to be served by a municipal corporation.
(b) the PROPERTY is located in a service territory in which the holder of a certificate of convenience and necessity whose authority to manage or operate the public utility has been terminated or suspended or the public utility does not have the capacity to provide safe and SUFFICIENT services to the property requesting to be served by a municipal corporation.
(c) the construction, purchase, acquisition or lease does not cause the rates of the existing municipal utility customers to increase.
