Bill Text: AZ HB2195 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Renewable energy; legislative authority
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-13 - Introduced [HB2195 Detail]
Download: Arizona-2011-HB2195-Introduced.html
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REFERENCE TITLE: renewable energy; legislative authority |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2195 |
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Introduced by Representative Seel
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AN ACT
amending title 30, Arizona Revised Statutes, by adding chapter 7; Amending title 41, chapter 7, Arizona Revised Statutes, by adding article 14; relating to renewable energy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 30, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
RENEWABLE ENERGY
ARTICLE 1. GENERAL PROVISIONS
30-901. Renewable energy; prohibition; consumer choice; definitions
A. This state and its political subdivisions are prohibited from requiring a public power entity or a public service corporation to purchase or provide a specific percentage or amount of the total energy provided or sold by the public power entity or public service corporation from renewable energy sources.
B. Every retail utility customer has the right to choose whether the customer receives and pays for energy generated through a renewable energy source.
C. For the purposes of this section:
1. "Public power entity" means any municipal corporation, city, town or other political subdivision that is organized under law, that distributes or otherwise provides electricity to retail customers in this state and that is not a public service corporation.
2. "Renewable energy" includes the production and distribution of solar, wind, biomass, geothermal, nuclear, agricultural waste, landfill gas and hydroelectric power.
Sec. 2. Title 41, chapter 7, Arizona Revised Statutes, is amended by adding article 14, to read:
ARTICLE 14. RENEWABLE ENERGY
41-1295. Legislative authority; renewable energy; definition
A. The legislature reserves the exclusive power, authority and jurisdiction to set forth statewide renewable energy policy, except:
1. If the legislature has expressly delegated authority to other agencies, departments or political subdivisions of this state to administer clearly articulated statewide legislative policy.
2. Utility rate setting to the extent delegated by the state constitution to other agencies, departments or political subdivisions of this state.
B. This section does not supersede any existing authority of political subdivisions of this state to adopt and enforce local renewable energy policy that does not conflict with statewide renewable energy policy set by the legislature.
C. For the purposes of this section, "renewable energy policy" includes targets, mandates, tax credits and incentives relating to and the regulation of the production and distribution of solar, wind, biomass, geothermal, nuclear, agricultural waste, landfill gas and hydroelectric power.
