COMMITTEE ON HEALTH & HUMAN SERVICES
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1278
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 9-810, Arizona Revised Statutes, is amended to read:
9-810. State preemption; utilities; appliances; restrictions; prohibition; limitation; definitions
A. The regulation of a utility provider's authority to operate and serve customers is and the customer's right to own and operate appliances that use a utility provider's services are a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is and a person's or entity's right to own and operate appliances that use a utility provider's SERVICES are not subject to further regulation by a municipality pursuant to this section.
B. Any code, ordinance, land use regulation or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a municipality may not:
1. Prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a the person's or entity's property.
2. Prohibit the manufacture, sale or ownership of an appliance that uses the services of a utility provider.
C. A municipality may not impose a fine, penalty or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers or that restricts the manufacture, sale or ownership of an appliance that uses the services of a utility provider.
D. This section does not affect any authority of a municipality to manage the public highways within the municipality's boundaries or to exercise the municipality's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.
E. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.
F. For the purposes of this section: ,
1. "Appliance" means a stove, range, air conditioner, furnace, heater, refrigerator, dishwasher, dryer, fireplace, grill or other appliance that is designed to use the services of a utility provider and that complies with title 40, chapter 7.
2. "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
Sec. 2. Section 11-867, Arizona Revised Statutes, is amended to read:
11-867. State preemption; utilities; appliances; restrictions; prohibition; limitation; definitions
A. The regulation of a utility provider's authority to operate and serve customers is and the customer's right to own and operate appliances that use a utility provider's services are a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is and a person's or entity's right to own and operate appliances that use a utility provider's SERVICES are not subject to further regulation by a county pursuant to this section.
B. Any code, ordinance, land use restriction or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a county may not:
1. Prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a the person's or entity's property.
2. Prohibit the manufacture, sale or ownership of an appliance that uses the services of a utility provider.
C. A county may not impose a fine, penalty, or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers or that restricts the manufacture, sale or ownership of an appliance that uses the services of a utility provider.
D. This section does not affect any authority of a county to manage the public highways within the county's boundaries or to exercise the county's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.
E. This section does not affect any authority of a county to manage or operate a county-owned utility.
F. For the purposes of this section: ,
1. "Appliance" means a stove, range, air conditioner, furnace, heater, refrigerator, dishwasher, dryer, fireplace, grill or other appliance that is designed to use the services of a utility provider and that complies with title 40, chapter 7.
2. "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user."
Amend title to conform