SB 1222 — building permits; utilities; restrictions; prohibitions.

SB1222 - 542R - S-FannS flrVer amend  (ref  Bill)  adopted-AdoptedSenate Engrossed                Bill  Number:  State of Arizona Senate Fifty-fourth Legislature Second Regular Session       SENATE BILL 1222       AN ACT   amending section 9-467, arizona revised statutes;

S.B.amending title 9, chapter 7, article 1, arizona revised statutes, by adding section 9-810;

1222amending            section Fann11-321, Floorarizona Amendmentrevised            statutes; Reference to:

printedamending billtitle            11, Amendmentchapter drafted6, by:article 5, arizona revised statutes, by adding section 11-867;

Legrelating Council     FLOOR AMENDMENT EXPLANATION   1.    Declares the regulation of a utility provider’s authority to operatebuilding andpermits. serve customers a matter of statewide concern that is not subject to further municipal or county regulation.

2.     Allows  the(TEXT regulationOF ofBILL buildingBEGINS permitsON solelyNEXT inPAGE) accordance  withBe theit requirementsenacted thatby building permits may not be denied for the utilityLegislature providerof proposed to provide service to the projectState and that the issuing municipality or county ensure applicable permits and associated fees that do not exceed those for other utility providers and do not restrict the ability to use the services of anArizona: authorized utility provider.

3.   Section 1.  Section Specifies9-467, thatArizona thisRevised legislationStatutes, doesis notamended prohibit the recovery of reasonable costs associated with reviewing and issuing a building permit or affect the municipality or county’s authority to manageread: or operate an owned utility.

4.   START_STATUTE9-467.  Building Appliespermits; the specification that a municipality or county may exercise police powers to review and approve a building permit application to only permits to perform work in the public highways or to enforce associated permit conditions.

5.   issuance; Defines utility service as water, wastewater, natural gas, including propane gas, or electric service provided to an end user.

6.   distribution Makesof technicalcopies; and conforming changes.

 state Fifty-fourthpreemption; Legislature                                                     Fann Second Regular Session                                                  S.B.

1222utilities;   FANN FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.

1222subsequent (Referenceowner; to printed bill)     Page 1, line 4, after the third semicolon insert "state preemption;" Line 5, strike "definition" insert "limitation;

definitions" Between lines 14 and 15, insert:

"B.  The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern.  The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section.  A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality." Reletter to conform Line 17, strike "serve" insert "provide utility service to" Line 19, after the first "and" insert "associated";

after "fees" insert "assessed on a building permit applicant" Line 22, after "is" insert "capable and";

after "provide" insert "utility" Between lines 37 and 38, insert:

"G.  This section does not prohibit a municipality from recovering reasonable costs associated with reviewing and issuing a building permit.

H.  this section does not affect any authority of a municipality to manage or operate a municipally owned utility." Reletter to conform Line 38, strike the comma insert ":

1." Page 1, between lines 40 and 41, insert:

"2.  "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user." Line 43, after "9‑810." insert "State preemption;";

after "prohibition" insert ";

definition"definitions BetweenA.  Any linescity 43or town municipality requiring the issuance of a building permit shall transmit one copy of the permit to the county assessor and 44,one insert:copy to the director of the department of revenue.  Permit copies shall provide the permit number, issue date and parcel number.  On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.

"A.  TheB.  The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern.  Aconcern.  The person'sregulation orof entity'sbuilding abilitypermits as it relates to usea thebuilding servicespermit ofapplicant's ability to use a utility provider that is capable and authorized to provide utility service is notallowed subjectsolely toin furtheraccordance regulationwith bysubsections aC municipalityand pursuantD toof this section."section.  ReletterA tobuilding conformpermit Pageapplicant's 2,ability linesto 1use anda 2,utility strikeprovider "shallthat preserve"is insertcapable "mayand notauthorized prohibitto orprovide haveutility theservice effectis ofnot restricting"subject Lineto 3,further afterregulation "is"by inserta "capablemunicipality. and";

afterC.  A "provide"municipality insertrequiring "utility";the issuance of a building permit may not deny a permit application based on the utility provider proposed to provide utility service to the project.

afterD.  A "service"municipality insertissuing "ata BUILDING permit shall ensure that all applicable permits and associated fees assessed on a person'sbuilding orpermit entity'sapplicant property"contain Linerequirements 10,and afteramounts "permit"that insertdo "tonot performexceed workthe inrequirements and amounts for use of other utility providers and do not have the publiceffect highwaysof orrestricting a permit applicant's ability to enforceuse associatedthe permitservices conditions"of Betweena linesutility 10provider that is capable and 11,authorized insert:to provide utility service.

"E.  thisB.  E.  A sectioncity doesor town municipality may not affectrequire anyan authorityapplicant offor a municipalitybuilding permit to managehold a transaction privilege tax license or operatebusiness license as a municipallycondition ownedfor utility.issuing the building permit.  A city or town may require a person that has been issued a building permit and that does not otherwise hold a business license from the city or town municipality to apply for a business license within thirty days after issuing the building permit.

F.  forC.  F.  If thea purposesperson ofhas thisconstructed section,a "utilitybuilding service"or meansan water,addition wastewater,to naturala gas,building includingwithout propaneobtaining gas,a building permit, a city or electrictown servicemunicipality providedshall not require a subsequent owner to anobtain enda user."permit Linefor 13,the afterconstruction or addition done by the secondprior semicolonowner insertbefore "stateissuing preemption;"a Linepermit 14,for aftera "owner"building insertaddition ";except that nothing in this section shall be construed as prohibiting the enforcement of does not prohibit enforcing an applicable ordinance or code provision which that affects the public health or safety.

G.  This section does not prohibit a municipality from recovering reasonable costs associated with reviewing and issuing a building permit.

H.  this section does not affect any authority of a municipality to manage or operate a municipally owned utility.

I.  For the purposes of this section:

1.  "municipality" means a city or town organized in accordance with law, including a home rule or charter city.

2.  "Utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.

END_STATUTE Sec. 2.  Title 9, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 9-810, to read:

START_STATUTE9-810.  State preemption;

utilities;

restrictions;

prohibition;

definition"definition BetweenA.  The linesregulation 20of a utility provider's authority to operate and 21,serve insert:customers is 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 not subject to further regulation by a municipality pursuant to this section.

"B.  TheB.  Any regulationcode, ofordinance, aland utilityuse provider'sregulation authorityor togeneral operateor andspecific serveplan customersprovision isor apart matter of statewide concern.  The regulation of building permits as it relates to a buildingcode, permitordinance, applicant'sland ability to use aregulation utilityor providergeneral thator isspecific capableplan andprovision authorizedadopted toby providea utilitymunicipality servicemay isnot allowedprohibit solelyor inhave accordancethe witheffect subsections c and d of thisrestricting section. a Aperson's buildingor permitentity's applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service isat not subject to further regulation by a county."person's Reletteror toentity's conformproperty. Page 2, line 22, strike "serve" insert "provide utility service to" Line 24, after the first "and" insert "associated";