Bill Text: AZ SB1506 | 2016 | Fifty-second Legislature 2nd Regular | Introduced


Bill Title: County power districts; formation; duties

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-07 - Referred to Senate RULES Committee [SB1506 Detail]

Download: Arizona-2016-SB1506-Introduced.html

 

 

 

REFERENCE TITLE: county power districts; formation; duties

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SB 1506

 

Introduced by

Senator Begay

 

 

AN ACT

 

amending title 48, chapter 11, article 1, Arizona Revised Statutes, by adding section 48-1502.01; amending title 48, chapter 11, article 2, Arizona Revised Statutes, by adding section 48-1545.01; amending title 48, chapter 11, article 4, Arizona Revised Statutes, by adding section 48-1593.01; relating to power districts.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 48, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 48-1502.01, to read:

START_STATUTE48-1502.01.  Power districts; alternative formation process

NOTWITHSTANDING sections 48-1502, 48-1503, 48-1504 and 48-1505:

1.  The county board of supervisors may form a power district with boundaries coterminous with the boundaries of the county on submittal of a petition for formation signed by a number of registered voters that is equal to one-third of the total number of votes cast for all candidates for county board of supervisors in the most recent general election at which a candidate was elected to the county board of supervisors.  If more than one county supervisorial race was on the ballot at that general election, the total number shall be determined by calculating one-third of the total number of votes cast for all candidates for the county supervisorial race that received the highest number of total votes cast.

2.  On receipt of a petition for formation SIGNED AS PRESCRIBED BY PARAGRAPH 1 OF THIS SECTION, the county boaRD OF SUPERVISORS SHALL HOLD AT LEAST THREE PUBLIC MEETINGS TO DETERMINE WHETHER IT IS IN THE BEST INTERESTS OF THE COUNTY TO PROVIDE FOR REDUNDANCY IN FURNISHING ELECTRICAL POWER FOR RETAIL, COMMERCIAL, agricultural, INDUSTRIAL AND MANUFACTURING USES IN THE COUNTY.  iF THE COUNTY BOARD OF SUPERVISORS MAKES THAT DETERMINATION, THE COUNTY BOARD OF SUPERVISORS MAY DECLARE THE POWER DISTRICT FORMED, AND THE BOUNDARIES OF THE POWER DISTRICT SHALL CONSIST OF THE BOUNDARIES OF THE COUNTY.  oN FORMATION OF THE POWER DISTRICT, THE CLERK OF THE BOARD OF SUPERVISORS SHALL RECORD IN THE OFFICE OF THE COUNTY RECORDER THE ORDER OF FORMATION AND THE DISTRICT BOUNDARIES.  On recordation, the power district is formed and the county board of supervisors shall serve as the board of directors of the power district.

3.  NOTWITHSTANDING SECTION 48-1515, THE COUNTY BOARD OF SUPERVISORS MAY FORM A POWER DISTRICT PURSUANT TO THIS SECTION WITHOUT REGARD TO WHETHER A PUBLIC SERVICE CORPORATION, AN ELECTRIC COOPERATIVE, AN AGRICULTURAL IMPROVEMENT DISTRICT, A MUNICIPAL CORPORATION OR ANY OTHER ELECTRIC POWER PROVIDER IS SUPPLYING POWER TO SOME OR ALL OF THE LANDS WITHIN THE COUNTY and the lands within the county may have more than one electric power provider.

4.  The board of directors of a power district formed pursuant to this section may not reduce or increase the lands contained within the boundaries of the power district. END_STATUTE

Sec. 2.  Title 48, chapter 11, article 2, Arizona Revised Statutes, is amended by adding section 48-1545.01, to read:

START_STATUTE48-1545.01.  Administrative powers and limitations of county power district

NOTWITHSTANDING article 3 of this chapter and in addition to the powers and duties provided for in section 48-1545, a power district formed pursuant to section 48-1502.01:

1.  Shall be governed by the county board of supervisors who are not eligible for additional compensation for serving on the power district board of directors but who are eligible for reimbursement of expenses incurred in carrying out the business of the power district.  Sections 48-1506, 48-1507, 48-1508, 48-1509, 48-1510, 48-1511, 48-1512, 48-1513, 48-1514, 48-1517, 48‑1518, 48-1519, 48-1520, 48-1521, 48-1522 and Article 3 of this chapter do not apply to elections for a power district formed pursuant to section 48‑1502.01.

2.  shall determine the appropriate distribution of electric power within the district.

3.  Notwithstanding section 48-1545, subsection D, may enter into contracts on approval of the board of directors and without submittal to a vote of the qualified electors of the district. END_STATUTE

Sec. 3.  Title 48, chapter 11, article 4, Arizona Revised Statutes, is amended by adding section 48-1593.01, to read:

START_STATUTE48-1593.01.  County power district; limitation

Notwithstanding any other law, a county power district formed pursuant to section 48‑1502.01 may not levy a tax and a county may not spend monies or levy a tax in support of a county power district. END_STATUTE

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