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HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:
HB2248 - 551R - H Ver       House Engrossed   corporation commission;
HB 2248 Griffin Floor Amendment Repeals the prohibition on the Corporation Commission adopting or enforcing any policy, decision or rule regulating the types of electric generation resources that public service corporations use or acquire within Arizona's energy grid without legislative authorization.
electric generation resources         State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session     HOUSE BILL 2248       AN ACT   Amending title 40, chapter 2, article 1, Arizona Revised Statutes, by adding section 40-213;
Declares that it is the public policy of Arizona that public service corporations pursue using clean energy resources and reducing carbon emissions provided the mix of generation resources is the lowest cost method of providing safe and reliable electricity when considering system-wide costs to meet customer demand.
relating to public service corporations.
Requires public service corporations to derive at least the following percentage of retail kilowatt sales from renewable energy resources by the following dates:
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
• 12% by December 31, 2022;
Section 1.
• 13% by December 31, 2023;
Title 40, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 40-213, to read:
• 14% by December 31, 2024;
START_STATUTE40-213.
and • 15% by December 31, 2025 and each year thereafter.
Regulation of critical electric generation resources;
Clarifies that these requirements do not prohibit the Corporation Commission from exercising its ratemaking or statutory authority over public service corporations.
renewable energy resources;
Authorizes the Corporation Commission to adopt rules to ensure public service corporations comply with this act.
Prohibits the Corporation Commission from adopting or enforcing any policy, decision or rule that increases or decreases the renewable energy generation thresholds specified in this act or that regulates public service corporations' carbon emissions.
Adds:
• Definitions for carbon emissions, clean energy resources, lowest cost method and renewable energy resources.
Amendment explanation prepared by Paul Bergelin Phone Number (602) 926-3458 pb 2/23/2021 • A legislative finding that regulating carbon emissions from energy generation for retail electric sales is a statewide concern necessary to protect public health, safety and welfare.
Repeals the retroactivity clause.
Amendment explanation prepared by Paul Bergelin Page 2 _________________________________________ Fifty-fifth Legislature Griffin First Regular Session H.B.
2248 GRIFFIN FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
2248 (Reference to printed bill) Page 1, strike lines 5 through 8, insert "renewable energy resources;
IT IS THE PUBLIC POLICY OF THIS STATE THAT PUBLIC SERVICE CORPORATIONS SHOULD PURSUE THE USE OF CLEAN ENERGY RESOURCES AND THE REDUCTION OF CARBON EMISSIONS RESULTING FROM THE GENERATION OF ENERGY FOR RETAIL ELECTRIC SALES, PROVIDED THE MIX" Line 9, strike "OR ACQUIRED";
It is the public policy of this state that public service corporations should pursue the use of clean energy resources and the reduction of carbon emissions resulting from the generation of energy for retail electric sales, provided the mix of critical electric generation resources used by each public service corporation to meet its customers' needs is the lowest cost method of providing safe and reliable electricity services while taking into consideration the system-wide costs associated with meeting customer demand for services at all times of each day and throughout all seasons of the year.
after "BY" insert "EACH" Line 10, after "SERVICE" strike remainder of line Strike lines 11 and 12, insert "CORPORATION TO MEET ITS CUSTOMERS' NEEDS IS THE LOWEST COST METHOD OF PROVIDING SAFE AND RELIABLE ELECTRICITY SERVICES WHILE TAKING INTO CONSIDERATION THE SYSTEM-WIDE COSTS ASSOCIATED WITH MEETING CUSTOMER DEMAND FOR SERVICES AT ALL TIMES OF EACH DAY AND THROUGHOUT ALL SEASONS OF THE YEAR.
THE CLEAN ENERGY AND CARBON EMISSIONS REDUCTION POLICY OF THIS STATE REQUIRES PUBLIC SERVICE CORPORATIONS TO DERIVE AT LEAST THE FOLLOWING PERCENTAGE OF RETAIL KILOWATT SALES FROM RENEWABLE ENERGY RESOURCES BY THE FOLLOWING DATES:
The clean energy and carbon emissions reduction policy of this state requires public service corporations to derive at least the following percentage of retail kilowatt sales from renewable energy resources by the following dates:
TWELVE PERCENT BY DECEMBER 31, 2022.
Twelve percent by December 31, 2022.
THIRTEEN PERCENT BY DECEMBER 31, 2023.
thirteen percent by December 31, 2023.
FOURTEEN PERCENT BY DECEMBER 31, 2024.
Fourteen percent by December 31, 2024.
FIFTEEN PERCENT BY DECEMBER 31, 2025 AND FOR EACH YEAR THEREAFTER." House Amendments to H.B.
fifteen percent by December 31, 2025 and for each year thereafter.
2248 Page 1, line 14, strike "SETTING ELECTRICITY RATES FOR" insert "EXERCISING ITS RATEMAKING OR STATUTORY AUTHORITY OVER" Between lines 14 and 15, insert:
C.
"D.
This section does not apply to any policy, decision or rules adopted before June 30, 2020.
THE COMMISSION MAY ADOPT RULES TO ENSURE PUBLIC SERVICE CORPORATIONS COMPLY WITH THIS SECTION.
d.
THE COMMISSION MAY NOT ADOPT OR ENFORCE ANY POLICY, DECISION OR RULE THAT INCREASES OR DECREASES THE PERCENTAGES PRESCRIBED IN SUBSECTION B OF THIS SECTION OR OTHERWISE CONFLICTS WITH THE REQUIREMENTS PRESCRIBED IN SUBSECTION B OF THIS SECTION OR THAT DIRECTLY OR INDIRECTLY REGULATES A PUBLIC SERVICE CORPORATION'S CARBON EMISSIONS." Reletter to conform Line 15, strike the comma insert ":
This section does not prohibit the corporation commission from exercising its ratemaking or statutory authority over public service corporations.
e.
The commission may adopt rules to ensure public service corporations comply with this section.  The commission may not adopt or enforce any policy, decision or rule that increases or decreases the percentages prescribed in subsection B of this section or otherwise conflicts with the requirements prescribed in subsection B of this section or that directly or indirectly regulates a public service corporation's carbon emissions.
f.
For the purposes of this section:
"CARBON EMISSIONS" MEANS CARBON EMISSIONS RESULTING FROM THE COMBUSTION OF FOSSIL FUELS, SUCH AS COAL, PETROLEUM, NATURAL GAS, OIL, SHALE OR BITUMEN.
"Carbon emissions" means carbon emissions resulting from the combustion of fossil fuels, such as coal, petroleum, natural gas, oil, shale or bitumen.
"CLEAN ENERGY RESOURCES" INCLUDES SOLAR, WIND, BIOMASS, GEOTHERMAL, NUCLEAR AND HYDROELECTRIC TECHNOLOGIES THAT GENERATE ELECTRICITY.
"Clean energy resources" includes solar, wind, biomass, geothermal, nuclear and hydroelectric technologies that generate electricity.
3." Between lines 19 and 20, insert:
3.
"4.
"critical electric generation resources" includes any generation resource used or acquired by a public service corporation, including solar, wind, biomass, geothermal, nuclear, hydroelectric, fuel-cell technology, natural gas or coal or any other petroleum fuel source.
"LOWEST COST METHOD" MEANS THE METHOD OF MEETING CUSTOMERS' ENERGY NEEDS THAT RESULTS IN THE LOWEST AMOUNT OF EXPENSES AND RATE BASE THAT THE COMMISSION'S ESTABLISHED RATEMAKING PRACTICES ALLOWS A PUBLIC SERVICE CORPORATION TO RECOVER FROM RATEPAYERS.
4.
"Lowest cost method" means the method of meeting customers' energy needs that results in the lowest amount of expenses and rate base that the commission's established ratemaking practices allows a public service corporation to recover from ratepayers.
"RENEWABLE ENERGY RESOURCES" INCLUDES SOLAR, WIND, BIOMASS, GEOTHERMAL AND HYDROTHERMAL TECHNOLOGIES THAT GENERATE ELECTRICITY." Line 24, after "resources" insert "beyond the requirements prescribed in section 40-213, subsection B, Arizona Revised Statutes, as added by this act," Line 28, strike the second "and" insert a period -2- House Amendments to H.B.
"Renewable energy resources" includes solar, wind, biomass, geothermal and hydroelectric technologies that generate electricity.
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2248 Page 1, strike lines 29 through 32, insert:
END_STATUTE Sec. 2.
"4.
Legislative findings The legislature finds that:
The regulation of carbon emissions from the generation of energy for retail electric sales is an issue of statewide concern necessary to protect the public health, safety and welfare." Amend title to conform GAIL GRIFFIN 2248FloorGRIFFIN 02/23/2021 2:07 PM C:
1.
mh -3-
Energy development, production and generation is an issue of statewide concern necessary to ensure the public's health and safety.
2.
Policies that restrict or ban critical fuel and energy resources beyond the requirements prescribed in section 40-213, subsection B, Arizona Revised Statutes, as added by this act, will result in higher electricity prices, harm economic growth, reduce grid reliability and damage Arizona's energy independence.
3.
Any policy, decision or rule that regulates critical electric generation resources should prioritize affordability and reliability.
4.
The regulation of carbon emissions from the generation of energy for retail electric sales is an issue of statewide concern necessary to protect the public health, safety and welfare.
Sec. 3.
Retroactivity Section 40-213, Arizona Revised Statutes, as added by this act, applies retroactively to from and after June 29, 2020.
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