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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
House: NREW DP 6-4-0-0 | 3rd Read 31-28-0-0-1
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HB 2646: power plants; public service corporations
Sponsor: Representative Bliss, LD 1
Transmitted to the Governor
Overview
Outlines requirements, procedures and reporting requirements for the closure or transition of public service corporations (Corporations) or public power entity (Power Entity).
History
The Arizona Corporation Commission (ACC) is composed of five elected Commissioners that governs the offer and sale of securities and investments in or from Arizona, licenses investment advisers and their representatives, registers securities dealers and salesman, regulate public utilities, register corporations and limited liability companies, and enforce regulations to ensure railroad and pipeline safety.
Current law prohibits a Corporation from selling, leasing, assigning, mortgaging or otherwise disposing of its railroad, line, plant or system if it is necessary or useful in the performance of its duties to the public or merging its system with any other Corporation without the authorization of the ACC. Any disposition, encumbrance or merger made other than in accordance with the order of the ACC authorizing it is void (A.R.S. § 40-285).
Provisions
1. Prohibits a Corporation or Power Entity from initiating the closure, decommissioning or disposal of an electric generation facility within 5 years after the date of the written notice. (Sec. 1)
2. Requires a Corporation or Power Entity to provide written notice to specified entities within 6 months after a decision or application to the ACC for an order to close, decommission or dispose of an electric generation facility. (Sec. 1)
3. Outlines the notice of closure, decommissioning or disposal requirements. (Sec. 1)
4. States a Corporation or Power Entity may:
a) take any action necessary to convert or repurpose an existing electric generation facility that is powered by fossil fuels to a new electric generation facility that is powered by chemical energy, including any action approved by a permitting authority.
b) install any emission reduction controls or improvements on the electric generation facility that maintain the net electric generating output of the facility at a lower rate of emissions per unit of output, including any action approved by a permitting authority. (Sec. 1)
5. Requires a Corporation or Power Entity that receives notice of any federal law or regulation that may result in the forced retirement of an electric generation facility to inform, within 30 days after receipt of the notice, the Attorney General (AG), the Arizona Power Authority (APA) Director and each member of the ACC of the law or regulation. (Sec. 1)
6. Authorizes the AG, APA and ACC to each take any action necessary to defend the interest of Arizona with respect to the law or regulation, the Corporation's or Power Entity's electric generation facility or the total electricity generation by the Corporation or Power Entity, including filing an action in court or participating in administrative proceedings. (Sec. 1)
7. Requires the AG to represent the APA or ACC upon written request. (Sec. 1)
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Defines related terms. (Sec. 1)
9. Contains legislative findings clause. (sec. 2)
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13. HB 2646
14. Initials EB/BSR Page 0 Transmitted
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