Bill Text: AZ SB1060 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Power authority; hearings; continuation; audit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-05-06 - Chapter 107 E [SB1060 Detail]
Download: Arizona-2016-SB1060-Chaptered.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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CHAPTER 107
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SENATE BILL 1060 |
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AN ACT
amending title 30, chapter 1, article 1, Arizona Revised Statutes, by adding section 30-110; repealing section 41-3016.12, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3024.16; relating to the Arizona power authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 30, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 30-110, to read:
30-110. Appealable agency actions; office of administrative hearings; exception; definition
A. Notwithstanding section 41‑1092.01, subsection F, the office of administrative hearings shall conduct all administrative hearings related to appealable agency actions as defined in section 41‑1092 that relate to the proceedings, orders or actions of the authority.
B. This section does not apply to appeals arising from the post‑2017 hoover power allocation process.
C. For the purposes of this section, "post‑2017 Hoover power" means the capacity and firm energy allocated to entities in sections 2(a), 2(b), 2(c) and 2(d) of the Hoover power allocation act of 2011 (P.L. 112‑72; 125 Stat. 777; 43 United States Code section 619a), for delivery commencing October 1, 2017, to be further allocated by the authority to entities in this state.
Sec. 2. Repeal
Section 41-3016.12, Arizona Revised Statutes, is repealed.
Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3024.16, to read:
41-3024.16. Arizona power authority; conditional termination July 1, 2024
A. The Arizona power authority terminates on July 1, 2024, and title 30, chapter 1, article 1 is repealed on January 1, 2025, if the authority:
1. Has no outstanding contractual obligations with the United States or any United States agency.
2. Has no debts or obligations that were issued to finance the cost of the Hoover power plant modifications project, the Hoover power plant uprating project or other facilities related to the Boulder Canyon project.
3. Has otherwise provided for paying or retiring these debts or obligations.
B. If any contractual debt or obligation listed in subsection A of this section exists and a satisfactory provision has not been made to pay or retire the debt or obligation, the authority, and title 30, chapter 1, article 1, shall continue in existence until the debt or obligation is fully satisfied.
Sec. 4. Performance audit; report; delayed repeal
A. The auditor general shall conduct a performance audit, as defined in section 41-1278, Arizona Revised Statutes, of the Arizona power authority to determine whether the authority is achieving the objectives established by the legislature and managing the authority's resources in an effective, economical and efficient manner. The auditor general shall submit a report of the performance audit to the president of the senate and speaker of the house of representatives on or before December 31, 2016.
B. This section is repealed from and after September 30, 2017.
Sec. 5. Purpose
Pursuant to section 41‑2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona power authority to bargain for, take and receive electrical or other forms of energy and make these forms of energy available for the benefit of this state.
Sec. 6. Retroactivity
Sections 2 and 3 of this act are effective retroactively to July 1, 2016.
Sec. 7. Legislative intent
It is the intent of the legislature to ensure that the Arizona power authority's post‑2017 Hoover power allocation process is not jeopardized and that contracts are issued and the process is completed by October 1, 2017. This act is not intended to obstruct, delay or modify the post‑2017 Hoover power allocation and contract process.
Sec. 8. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
APPROVED BY THE GOVERNOR MAY 6, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 6, 2016.
