HB 2737 — corporation commission actions; investigation

HB2737 - 551R - H-NaturalH Resources,Ver Energy  &  Water-Proposed   Fifty-fifthHouse Legislature                        Engrossed Natural  Resources,corporation Energycommission &actions; Water First Regular Session                                                   H.B.

investigation   PROPOSED      State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       HOUSE OFBILL REPRESENTATIVES2737 AMENDMENTS  TO  H.B.  AN ACT   Amending Title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-194.02;

2737relating (Reference to printed bill)       Page 1, line 8, strike the colonattorney Linegeneral. 9, strike "1." Line 10, after "ALLEGES" insert "VIOLATES STATE LAW OR" Line 11, strike "STATUTORY OR";

after  "AUTHORITY"  insert(TEXT ",OF IFBILL REQUESTEDBEGINS NOtON LATERNEXT THANPAGE) sixty  DAYSBe AFTERit THEenacted CORPORATIONby COMMISSION'Sthe DECISION,Legislature ORDERof ORthe RULEState ISof ADOPTEDArizona: OR AMENDED.

THISSection 1. SECTION does NOT APPLY TO LAWS ENACTED before the 2021 LEGISLATIVE SESSION." Strike lines and 13 Line 22, strike "EITHER" insert "IS VIOLATING STATE LATE OR";

strikeTitle "STATUTORY41, OR"chapter Line1, 23,article strike5, "ORArizona IS"Revised StrikeStatutes, lineis Lineamended 25,by strikeadding "INVESTIGATION"section Line41-194.02, 27,to strikeread: "AMEND, REPEAL" Line 28, strike "OR OTHERWISE";

strikeSTART_STATUTE41-194.02. "OR INACTION" Line 30 after "DAYS" insert "OR has FAILED TO BEGIN REVOLVING THE VIOLATION IN GOOD FAITH WITH A PUBLISHED TIMELINE FOR COMPLETION," Line 32, strike "PRECEDENCE OVER ALL OTHER CASES" insert "PRIORITY";

afterViolations theof periodlaw insertby "IFthe THEcorporation SUPREMEcommission; COURT DETERMINES THAT THE CORPORATION COMMISSION IS VIOLATING STATE LAW OR DID NOT HAVE THE CONSTITUTIONAL AUTHORITY TO ADOPT OR AMEND THE DECISION, ORDER OR RULE, THE ATTORNEY GENERAL SHALL:

attorney general investigation;

report;

action;

budget withholding;

applicability A.

At the request of one or more members of the legislature, the attorney general shall investigate any decision, order or rule adopted or amended by the corporation commission that the member alleges VIOLATES STATE LAW OR is beyond the corporation commission's constitutional authority, IF REQUESTED NOt LATER THAN sixty DAYS AFTER THE CORPORATION COMMISSION'S DECISION, ORDER OR RULE IS ADOPTED OR AMENDED.  THIS SECTION does NOT APPLY TO LAWS ENACTED before the 2021 LEGISLATIVE SESSION.

B.

The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state.

C.

If the attorney general concludes that the corporation commission:

1.

IS VIOLATING STATE LAw OR does not have the constitutional authority to adopt or amend the decision, order or rule under investigation, the attorney general shall provide notice to the corporation commission, by certified mail, of the violation and shall indicate that the corporation commission has thirty days to resolve the corporation commission's action.

If the attorney general determines that the corporation commission has failed to resolve the violation within thirty days OR has FAILED TO BEGIN REsOLVING THE VIOLATION IN GOOD FAITH WITH A PUBLISHED TIMELINE FOR COMPLETION, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action priority.

IF THE SUPREME COURT DETERMINES THAT THE CORPORATION COMMISSION IS VIOLATING STATE LAW OR DID NOT HAVE THE CONSTITUTIONAL AUTHORITY TO ADOPT OR AMEND THE DECISION, ORDER OR RULE, THE ATTORNEY GENERAL SHALL:

(b) CONTINUE TO MONITOR THE RESPONSE OF THE CORPORATION COMMISSION, AND WHEN THE CORPORATION COMMISSION HAS RESOLVED ITS ACTION, THE ATTORNEY GENERAL SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE LEGISLATURE MAKING THE ORIGINAL REQUEST THAT THE VIOLATION HAS BEEN RESOLVED."RESOLVED.  Page2. 1, line 33, after "HAVE" insert "VIOLATED STATE LAW OR MAY NOT HAVE";

strikeMay "STATUTORYhave OR"VIOLATED LineSTATE 34,LAW strikeOR "OR MAY BENOT EXECUTING"HAVE Linethe 35,constitutional strikeauthority "ORto ENFORCINGadopt THEor STATUTEamend THATthe ISdecision, THEorder SUBJECTor OFrule THEunder INVESTIGATION"investigation, Linethe 37,attorney strikegeneral "PRECEDENCE"shall Strikefile linea 38,special insertaction "PRIORITY. in the supreme court to resolve the issue, and the supreme court shall give the action PRIORITY.  IF THE SUPREME COURT DETERMINES THAT THE CORPORATION COMMISSION DID VIOLATE STATE LAW OR DID NOT HAVE THE CONSTITUTIONAL AUTHORITY TO ADOPT OR AMEND THE DECISION, ORDER OR RULE, THE COURT SHALL MAKE THE APPROPRIATE ORDER AND SHALL IMPLEMENT THE WITHHOLDING DESCRIBED IN SUBSECTION C, PARAGRAPH 1, SUBDIVISION (a) OF THIS SECTION WITH ANY MODIFICATIONS THE COURT DEEMS NECESSARY."NECESSARY. Line 39, strike "does have" insert "HAS not VIOLATED STATE LAW OR" strike "STATUTORY OR has" Line 40, strike "OR IS EXECUTING OR ENFORCING" Line 41, strike "THE STATUTE THAT IS THE SUBJECT OF THE INVESTIGATION" Strike lines through 45 Page 2, strike lines 1 through 6, insert:

"D.3.

HAS not VIOLATED STATE LAW OR the constitutional authority to adopt the decision, order or rule under investigation, the attorney general shall take no further action.

D.

SUCH DETERMINATIONS SHALL BE MADE AVAILABLE TO THE PUBLIC."PUBLIC. Amend title to conform     JACQUELINE PARKER     2737PARKER2 02/08/2021 11:22 AM H:

PAB/lsE.    

This section does not apply to:

1.

any order or decision setting rates for public service corporations.

2.

Any decision, order or rule adopted or amended pursuant to title 40, chapter 2, article 5 0r 6.2.

3.

Rules adopted regarding the interconnection of distributed generation facilities.

END_STATUTE