Arizona 57th Legislature - First Regular Session Status: Enacted Bipartisan · 43 R · 10 D cosponsors

HB 2679 — power; public utilities; UCC; securities

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2025. Enacted.

Signed by Governor Katie Hobbs (Democratic) on May 13, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · high confidence
  • Enacted

    Current position in the legislative process.

  • 53 sponsors

    1 primary, 52 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (43 R · 10 D) — cross-party backing.

  • Mixed recorded votes

    3 passed, 4 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1696 added · 1678 removed

Plain-language change summary

The updated version of Bill HB 2679 adds several specific costs related to the issuance of transition bonds that were not included in the earlier draft. These new additions specify expenses for hiring expert consultants, legal approvals necessary for bond issuance, and costs to protect the status of transition property. This matters because it clarifies the financial responsibilities associated with managing transition bonds, potentially making the process smoother for public power entities and ensuring that all necessary expenses are considered.

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House Engrossed power;
Senate Engrossed House Bill power;
securities State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2679 AN ACT AMENDING TITLE 30, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 7;
securities State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session CHAPTER 207 HOUSE BILL 2679 AN ACT AMENDING TITLE 30, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 7;
(iv) THE COSTS THAT ARE INCURRED UNDER AN ANCILLARY AGREEMENT AND ANY AMOUNT THAT IS REQUIRED TO REFUND OR REPLENISH A RESERVE ACCOUNT OR OTHER ACCOUNT ESTABLISHED UNDER AN ANCILLARY AGREEMENT OR OTHER DOCUMENT RELATING TO TRANSITION BONDS.
(iv) THE COSTS, FEES AND EXPENSES THAT ARE ASSOCIATED WITH HIRING EXPERT CONSULTANTS THAT ARE NECESSARY TO AID THE GOVERNING BODY IN REVIEWING AND APPROVING OF A SECURITIZATION PROPOSAL IN ACCORDANCE WITH THIS CHAPTER.
(v) THE COSTS OF FORMING, OPERATING, ADMINISTERING AND DISSOLVING A QUALIFIED SPECIAL PURPOSE ENTITY.
(v) THE COSTS THAT ARE INCURRED UNDER AN ANCILLARY AGREEMENT AND ANY AMOUNT THAT IS REQUIRED TO REFUND OR REPLENISH A RESERVE ACCOUNT OR OTHER ACCOUNT ESTABLISHED UNDER AN ANCILLARY AGREEMENT OR OTHER DOCUMENT RELATING TO TRANSITION BONDS.
(vi) THE COSTS, FEES AND EXPENSES THAT ARE INCURRED TO OBTAIN ANY CONSENT, RELEASE, WAIVER OR APPROVAL FROM ANY HOLDER OF AN EXISTING OBLIGATION OF A PUBLIC POWER ENTITY THAT IS NECESSARY TO PERMIT THE ISSUANCE OF TRANSITION BONDS OR THE RETIREMENT, ABANDONMENT OR REDUCTION IN THE UNDEPRECIATED BOOK VALUE OF A TRANSITION ASSET IN CONNECTION WITH A TRANSACTION UNDER THIS CHAPTER.
(vi) THE COSTS OF FORMING, OPERATING, ADMINISTERING AND DISSOLVING A QUALIFIED SPECIAL PURPOSE ENTITY.
2679 (vii) THE COSTS THAT ARE INCURRED TO PROTECT THE STATUS OF TRANSITION PROPERTY, THE RIGHT TO IMPOSE AND COLLECT FINANCING CHARGES OR THE RIGHT TO RECEIVE FINANCING REVENUES, INCLUDING COSTS RELATED TO ANY JUDICIAL OR OTHER PROCEEDINGS THAT ARE NECESSARY TO PROTECT THE TRANSITION PROPERTY OR COLLECT FINANCING REVENUES.
2679 (vii) THE COSTS, FEES AND EXPENSES THAT ARE INCURRED TO OBTAIN ANY CONSENT, RELEASE, WAIVER OR APPROVAL FROM ANY HOLDER OF AN EXISTING OBLIGATION OF A PUBLIC POWER ENTITY THAT IS NECESSARY TO PERMIT THE ISSUANCE OF TRANSITION BONDS OR THE RETIREMENT, ABANDONMENT OR REDUCTION IN THE UNDEPRECIATED BOOK VALUE OF A TRANSITION ASSET IN CONNECTION WITH A TRANSACTION UNDER THIS CHAPTER.
(viii) FEDERAL, STATE AND OTHER TAXES THAT ARE IMPOSED ON THE PUBLIC POWER ENTITY OR THE QUALIFIED SPECIAL PURPOSE ENTITY WITH RESPECT TO THE FINANCING CHARGES OR FINANCING REVENUES WITHOUT DUPLICATION AND ANY OTHER FEES, CHARGES OR ASSESSMENTS THAT ARE IMPOSED ON TRANSITION BONDS.
(viii) THE COSTS THAT ARE INCURRED TO PROTECT THE STATUS OF TRANSITION PROPERTY, THE RIGHT TO IMPOSE AND COLLECT FINANCING CHARGES OR THE RIGHT TO RECEIVE FINANCING REVENUES, INCLUDING COSTS RELATED TO ANY JUDICIAL OR OTHER PROCEEDINGS THAT ARE NECESSARY TO PROTECT THE TRANSITION PROPERTY OR COLLECT FINANCING REVENUES.
(ix) FEDERAL, STATE AND OTHER TAXES THAT ARE IMPOSED ON THE PUBLIC POWER ENTITY OR THE QUALIFIED SPECIAL PURPOSE ENTITY WITH RESPECT TO THE FINANCING CHARGES OR FINANCING REVENUES WITHOUT DUPLICATION AND ANY OTHER FEES, CHARGES OR ASSESSMENTS THAT ARE IMPOSED ON TRANSITION BONDS.
11.
- 3 - H.B.
2679 11.
- 3 - H.B.
12.
2679 12.
"SIGNIFICANT EVENT RECOVERY COSTS" MEANS COSTS, FEES AND EXPENSES THAT ARE INCURRED OR TO BE INCURRED THROUGH THE DATE OF ADOPTION OF A FINANCING RESOLUTION BY A PUBLIC POWER ENTITY AND THAT ARE ASSOCIATED WITH OR THAT ARISE FROM WEATHER, WILDFIRE OR PUBLIC HEALTH EMERGENCY EVENTS OR INCIDENTS OR OTHER EVENTS OR INCIDENTS THAT CAUSE OR THREATEN TO CAUSE SIGNIFICANT LOSS OF LIFE, INJURY TO PERSON OR PROPERTY, HUMAN SUFFERING OR FINANCIAL LOSS.
"SIGNIFICANT EVENT RECOVERY COSTS" MEANS COSTS, FEES AND EXPENSES THAT ARE SIGNIFICANT, AS DETERMINED BY THE GOVERNING BODY, THAT ARE INCURRED OR TO BE INCURRED THROUGH THE DATE OF ADOPTION OF A FINANCING RESOLUTION AND THAT ARE ASSOCIATED WITH OR THAT ARISE FROM INCIDENTS OF SEVERE OR EXTREME WEATHER, NATURAL DISASTERS, CIVIL DISTURBANCE, WILDFIRE, CRIMINAL ACTS OR ACTS OF WAR OR TERRORISM THAT RESULT IN ANY OF THE PUBLIC POWER ENTITY'S ASSETS, FACILITIES OR INFRASTRUCTURE THAT ARE IN OPERATION PROVIDING SERVICE FOR CUSTOMERS BECOMING DESTROYED, DAMAGED OR OTHERWISE RENDERED INOPERABLE, IN WHOLE OR IN PART.
(b) AS OF THE DATE OF THE FINANCING RESOLUTION, IS PLANNED TO BE RETIRED, SOLD, DISPOSED OF, ABANDONED OR OTHERWISE REMOVED FROM SERVICE BY THE PUBLIC POWER ENTITY, IN WHOLE OR IN PART, WITHIN TEN YEARS AFTER THE DATE OF THE FINANCING RESOLUTION.
- 4 - H.B.
2679 (b) AS OF THE DATE OF THE FINANCING RESOLUTION, IS PLANNED TO BE RETIRED, SOLD, DISPOSED OF, ABANDONED OR OTHERWISE REMOVED FROM SERVICE BY THE PUBLIC POWER ENTITY, IN WHOLE OR IN PART, WITHIN TEN YEARS AFTER THE DATE OF THE FINANCING RESOLUTION.
- 4 - H.B.
(b) INCLUDES ANY COSTS, FEES AND EXPENSES THAT ARE INCURRED TO RETIRE, ABANDON OR REDUCE THE UNDEPRECIATED BOOK VALUE OF THE TRANSITION ASSET IN CONNECTION WITH A TRANSACTION THAT INCLUDES THE DECOMMISSION, REMEDIATION OR RESTORATION COSTS ASSOCIATED WITH THE TRANSITION ASSET.
2679 (b) INCLUDES ANY COSTS, FEES AND EXPENSES THAT ARE INCURRED TO RETIRE, ABANDON OR REDUCE THE UNDEPRECIATED BOOK VALUE OF THE TRANSITION ASSET IN CONNECTION WITH A TRANSACTION THAT INCLUDES THE DECOMMISSION, REMEDIATION OR RESTORATION COSTS ASSOCIATED WITH THE TRANSITION ASSET.
(b) UNRECOVERED FUEL COSTS.
(b) SIGNIFICANT EVENT RECOVERY COSTS.
(c) SIGNIFICANT EVENT RECOVERY COSTS.
(ii) THE RIGHT TO IMPOSE, CHARGE, COLLECT AND RECEIVE FINANCING CHARGES, INCLUDING THE RIGHT TO CALCULATE, IMPOSE, CHARGE, COLLECT AND RECEIVE FINANCING CHARGES AUTHORIZED UNDER THE FINANCING RESOLUTION AND TO OBTAIN PERIODIC ADJUSTMENTS TO THE FINANCING CHARGES PURSUANT TO THE TRUE-UP MECHANISM.
(ii) THE RIGHT TO IMPOSE, CHARGE, COLLECT AND RECEIVE FINANCING CHARGES, INCLUDING THE RIGHT TO CALCULATE, IMPOSE, CHARGE, COLLECT AND RECEIVE FINANCING CHARGES AUTHORIZED UNDER THE FINANCING RESOLUTION AND TO - 5 - H.B.
2679 OBTAIN PERIODIC ADJUSTMENTS TO THE FINANCING CHARGES PURSUANT TO THE TRUE-UP MECHANISM.
- 5 - H.B.
23.
2679 23.
"TRUE-UP MECHANISM" MEANS A FORMULA THAT IS DESCRIBED IN A SECURITIZATION PROPOSAL AND ESTABLISHED BEFORE OR CONCURRENT WITH THE ISSUANCE OF TRANSITION BONDS AND THAT ADJUSTS FINANCING CHARGES OVER TIME TO CORRECT FOR ANY OVERCOLLECTION OR UNDERCOLLECTION OF FINANCING REVENUES SO THAT BOTH A QUALIFIED SPECIAL PURPOSE ENTITY TIMELY AND COMPLETELY RECOVERS NOT MORE THAN ALL ONGOING FINANCING COSTS AND ANY IMPACTS TO THE PUBLIC POWER ENTITY'S CUSTOMERS FROM ANY OVERCOLLECTION ARE ADDRESSED IN A TIMELY AND COMPLETE MANNER.
"TRUE-UP MECHANISM" MEANS A FORMULA THAT IS DESCRIBED IN A SECURITIZATION PROPOSAL AND ESTABLISHED BEFORE OR CONCURRENT WITH THE ISSUANCE OF TRANSITION BONDS AND THAT ADJUSTS FINANCING CHARGES OVER TIME TO CORRECT FOR ANY OVERCOLLECTION OR UNDERCOLLECTION OF FINANCING REVENUES SO THAT A QUALIFIED SPECIAL PURPOSE ENTITY TIMELY AND COMPLETELY RECOVERS ALL ONGOING FINANCING COSTS.
"UNRECOVERED FUEL COSTS":
(a) MEANS:
(i) A PUBLIC POWER ENTITY'S UNRECOVERED AMOUNTS OF PREVIOUSLY INCURRED COSTS, FEES AND EXPENSES TO PURCHASE FUEL USED TO GENERATE ELECTRICITY.
(ii) A PUBLIC POWER ENTITY'S UNRECOVERED AMOUNTS OF PREVIOUSLY INCURRED COSTS, FEES AND EXPENSES TO PURCHASE ELECTRICITY OR CAPACITY OR ANY OTHER COMPONENT OF WHOLESALE ELECTRICITY TRANSACTIONS FROM A THIRD PARTY, INCLUDING THE COSTS OF PURCHASED POWER, THAT HAVE NOT YET BEEN COLLECTED FROM CUSTOMERS.
(b) INCLUDES FINANCING COSTS ON THE PUBLIC POWER ENTITY'S UNRECOVERED FUEL OR PURCHASED POWER BALANCES.
26.
THE UNRECOVERED COSTS OF FUEL OR PURCHASED POWER.
THE COSTS ARISING FROM OR RELATED TO WEATHER, WILDFIRE OR OTHER SIGNIFICANT EVENTS OR INCIDENTS THAT CAUSE DAMAGE OR DESTRUCTION OR THAT OTHERWISE RENDER INOPERABLE, IN WHOLE OR IN PART, ANY OF THE PUBLIC POWER - 6 - H.B.
3.
2679 ENTITY'S ASSETS, FACILITIES OR INFRASTRUCTURE THAT ARE IN OPERATION PROVIDING SERVICE FOR CUSTOMERS.
THE COSTS ARISING FROM OR RELATED TO WEATHER, WILDFIRE OR OTHER SIGNIFICANT EVENTS OR INCIDENTS THAT CAUSE OR THREATEN TO CAUSE SIGNIFICANT LOSS OF LIFE, INJURY TO PERSON OR PROPERTY, HUMAN SUFFERING OR FINANCIAL LOSS.
B.
- 6 - H.B.
2679 B.
IDENTIFY, AS APPLICABLE, ANY TRANSITION ASSETS, TRANSITION ASSET RETIREMENT COSTS, UNRECOVERED FUEL COSTS AND SIGNIFICANT EVENT RECOVERY COSTS.
IDENTIFY, AS APPLICABLE, ANY TRANSITION ASSETS, TRANSITION ASSET RETIREMENT COSTS AND SIGNIFICANT EVENT RECOVERY COSTS.
FOR THE PURPOSES OF THIS PARAGRAPH, "UNRECOVERED FUEL COSTS":
FOR THE PURPOSES OF THIS PARAGRAPH, TRANSITION ASSETS MUST CURRENTLY BE OR HAVE PREVIOUSLY BEEN IN OPERATION PROVIDING SERVICE FOR THE PUBLIC POWER ENTITY'S CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS SECTION, EXCEPT FOR TRANSITION ASSETS THAT ARE PLACED INTO SERVICE AFTER THE EFFECTIVE DATE OF THIS SECTION THAT BECOME DESTROYED, DAMAGED OR RENDERED INOPERABLE, IN WHOLE OR IN PART, BY FORCES OR ACTION OUTSIDE OF THE APPLICANT'S REASONABLE CONTROL, AS PROVIDED IN SECTION 30-901, PARAGRAPH 16, SUBDIVISION (c).
(a) INCLUDES AMOUNTS OF UNRECOVERED FUEL OR PURCHASED POWER EXPENSES WITH ASSOCIATED FINANCING COSTS.
(b) AS DETERMINED BY THE GOVERNING BODY, SHALL BE SIGNIFICANT AND ARISE FROM ANY OF THE FOLLOWING:
(i) SUPPLY SHORTAGES.
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(ii) DISRUPTIONS IN TRANSPORTATION INFRASTRUCTURE OR SUPPLY CHAINS.
(iii) MARKET VOLATILITY.
(iv) SUBSTANTIAL CUSTOMER LOAD GROWTH.
(v) ANY OTHER REASONABLY UNFORESEEN CIRCUMSTANCE.
ESTIMATE THE TRANSITION COSTS AND FINANCING COSTS.
ESTIMATE THE TRANSITION COSTS AND FINANCING COSTS INCLUDING AN ESTIMATE OF RECOVERING SUCH COSTS ON A NET PRESENT VALUE BASIS.
PROVIDE THE PROJECTED FINANCING CHARGES AND EXPLAIN HOW THE FINANCING CHARGES WILL RESULT IN THE COLLECTION OF FINANCING REVENUES IN AMOUNTS SUFFICIENT BUT NOT GREATER THAN NECESSARY TO ENABLE THE TIMELY AND COMPLETE RECOVERY AND PAYMENT OF ALL ONGOING FINANCING COSTS.
PROVIDE THE PROJECTED FINANCING CHARGES AND EXPLAIN HOW THE FINANCING CHARGES WILL RESULT IN THE COLLECTION OF FINANCING REVENUES IN AMOUNTS SUFFICIENT BUT NOT GREATER THAN NECESSARY TO ENABLE THE TIMELY AND - 7 - H.B.
- 7 - H.B.
2679 COMPLETE RECOVERY AND PAYMENT OF ALL ONGOING FINANCING COSTS.
2679 5.
FOR THE PURPOSES OF THIS PARAGRAPH, "FINANCING CHARGES" INCLUDES ANY COSTS AND FEES THAT ARE ASSOCIATED WITH HIRING EXPERT CONSULTANTS WHO ARE NECESSARY TO AID THE GOVERNING BODY IN REVIEWING AND APPROVING OF A SECURITIZATION PROPOSAL.
5.
(b) ANY REGULATORY ASSET OR RECORDED LIABILITY THAT IS ASSOCIATED WITH TRANSITION BONDS TO RECOVER UNRECOVERED FUEL COSTS OR SIGNIFICANT EVENT RECOVERY COSTS IN EXCHANGE FOR THE NET PROCEEDS OF THE TRANSITION BONDS.
(b) ANY REGULATORY ASSET OR RECORDED LIABILITY THAT IS ASSOCIATED WITH TRANSITION BONDS TO RECOVER SIGNIFICANT EVENT RECOVERY COSTS IN EXCHANGE FOR THE NET PROCEEDS OF THE TRANSITION BONDS.
- 8 - H.B.
2679 16.
INCLUDE AN ANALYSIS THAT SHOWS THE SECURITIZATION TRANSACTION WILL RESULT IN LOWER COSTS TO THE PUBLIC POWER ENTITY'S CUSTOMERS ON A NET PRESENT VALUE BASIS AS COMPARED TO FINANCING OPTIONS THAT ARE OTHERWISE AVAILABLE TO THE PUBLIC POWER ENTITY.
- 8 - H.B.
2.
2679 2.
THE TRANSITION BENEFIT TEST HAS BEEN SATISFIED.
THE SECURITIZATION TRANSACTION WILL RESULT IN LOWER COSTS TO THE PUBLIC POWER ENTITY'S CUSTOMERS ON A NET PRESENT VALUE BASIS AS COMPARED TO OTHER FINANCING OPTIONS THAT ARE OTHERWISE AVAILABLE TO THE PUBLIC POWER ENTITY, WHICH SHALL BE DETERMINED BASED ON WHETHER THE TRANSITION BENEFIT TEST HAS BEEN SATISFIED.
ANY PROPOSED TRANSITION BILLING SERVICES TARIFF SUPPORTS AFFORDABILITY AND RELIABILITY, IS IN THE PUBLIC INTEREST AND SHOULD BE PLACED INTO EFFECT.
ANY PROPOSED TRANSITION BILLING SERVICES TARIFF, INCLUDING ANY TRUE-UP MECHANISM THAT IS DESIGNED TO ADDRESS OVERCOLLECTION OR UNDERCOLLECTION FROM THE PUBLIC POWER ENTITY'S CUSTOMERS, SUPPORTS AFFORDABILITY AND RELIABILITY, IS IN THE PUBLIC INTEREST AND SHOULD BE PLACED INTO EFFECT.
FOR A SECURITIZATION PROPOSAL THAT INVOLVES A TRANSITION ASSET THAT IS AN ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN RETIRED, SOLD, ABANDONED, DISPOSED OF OR OTHERWISE REMOVED FROM SERVICE OF THE APPLICANT'S CUSTOMERS, IN WHOLE OR IN PART, AS PROVIDED IN SECTION 30-901, PARAGRAPH 16, SUBDIVISIONS (a) AND (b), THE REPLACEMENT MEANS OF SATISFYING THE CUSTOMER LOAD SERVED BY THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE IS MORE COST-EFFECTIVE FOR THE APPLICANT'S CUSTOMERS THAN CONTINUED RELIANCE ON OR OPERATION OF THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE.
FOR A SECURITIZATION PROPOSAL THAT INVOLVES A TRANSITION ASSET THAT IS AN ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN RETIRED, SOLD, ABANDONED, DISPOSED OF OR OTHERWISE REMOVED FROM SERVICE OF - 9 - H.B.
COST-EFFECTIVENESS SHALL BE DETERMINED BY COMPARING THE SUM OF THE NET PRESENT VALUE OF ALL THE COSTS AND EXPENSES OF RELIABLE REPLACEMENT GENERATION OF EQUAL OR GREATER CONTRIBUTION TOWARD THE UTILITY'S RESOURCE ADEQUACY THAN THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER THE REPLACEMENT GENERATION'S EXPECTED USEFUL LIFE COMBINED WITH THE PROJECTED NET PRESENT VALUE TO RATEPAYERS OF THE TOTAL EXPECTED COST OF THE TRANSITION BONDS OVER THE TERM OF SUCH BONDS, AS COMPARED TO THE NET PRESENT VALUE TO RATEPAYERS OF THE COST, INCLUDING ANY UNRECOVERED COSTS ASSOCIATED WITH UNDEPRECIATED VALUE OR UNRECOVERED BALANCES OF THE TRANSITION ASSET IF SUCH COSTS WERE TO BE FINANCED DIRECTLY BY THE PUBLIC POWER ENTITY, OF CONTINUING TO OPERATE THE ELECTRIC POWER GENERATION - 9 - H.B.
2679 THE APPLICANT'S CUSTOMERS, IN WHOLE OR IN PART, AS PROVIDED IN SECTION 30-901, PARAGRAPH 16, SUBDIVISIONS (a) AND (b), THE REPLACEMENT MEANS OF SATISFYING THE CUSTOMER LOAD SERVED BY THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE IS MORE COST-EFFECTIVE FOR THE APPLICANT'S CUSTOMERS THAN CONTINUED RELIANCE ON OR OPERATION OF THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE.
2679 FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER AN EQUIVALENT TIME FRAME REGARDLESS OF THE FUEL SOURCE OF THE POWER GENERATION.
COST-EFFECTIVENESS SHALL BE DETERMINED BY COMPARING THE SUM OF THE NET PRESENT VALUE OF ALL THE COSTS AND EXPENSES OF RELIABLE REPLACEMENT GENERATION OF EQUAL OR GREATER CONTRIBUTION TOWARD THE UTILITY'S RESOURCE ADEQUACY THAN THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER THE REPLACEMENT GENERATION'S EXPECTED USEFUL LIFE COMBINED WITH THE PROJECTED NET PRESENT VALUE TO RATEPAYERS OF THE TOTAL EXPECTED COST OF THE TRANSITION BONDS OVER THE TERM OF SUCH BONDS, AS COMPARED TO THE NET PRESENT VALUE TO RATEPAYERS OF THE COST, INCLUDING ANY UNRECOVERED COSTS ASSOCIATED WITH UNDEPRECIATED VALUE OR UNRECOVERED BALANCES OF THE TRANSITION ASSET IF SUCH COSTS WERE TO BE FINANCED DIRECTLY BY THE PUBLIC POWER ENTITY, OF CONTINUING TO OPERATE THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER AN EQUIVALENT TIME FRAME REGARDLESS OF THE FUEL SOURCE OF THE POWER GENERATION.
F.
FOR THE PURPOSES OF REVIEWING AND APPROVING A SECURITIZATION PROPOSAL, THE GOVERNING BODY MAY RETAIN THE USE OF OUTSIDE EXPERT CONSULTANTS AND CHARGE THE QUALIFIED SPECIAL PURPOSE ENTITY FOR REIMBURSEMENT OF ANY COSTS AND FEES THAT ARE ASSOCIATED WITH HIRING THE EXPERT CONSULTANTS.
A QUALIFIED SPECIAL PURPOSE ENTITY SHALL NOT CONDUCT ANY BUSINESS UNRELATED TO OWNING, PROTECTING AND ADMINISTERING THE TRANSITION PROPERTY OR ISSUING, MARKETING, PLACING, AUTHORIZING, SUPPORTING, REPAYING REFINANCING, SERVICING, ADMINISTERING OR REFUNDING TRANSITION BONDS.
A QUALIFIED SPECIAL PURPOSE ENTITY SHALL NOT CONDUCT ANY BUSINESS UNRELATED TO OWNING, PROTECTING AND ADMINISTERING THE - 10 - H.B.
2679 TRANSITION PROPERTY OR ISSUING, MARKETING, PLACING, AUTHORIZING, SUPPORTING, REPAYING REFINANCING, SERVICING, ADMINISTERING OR REFUNDING TRANSITION BONDS.
TRANSITION PROPERTY, FINANCING CHARGES, FINANCING REVENUES AND THE INTERESTS OF A FINANCING PARTY OR ANY OTHER PERSON IN TRANSITION PROPERTY OR IN FINANCING REVENUES ARE NOT SUBJECT TO OFFSET, COUNTERCLAIM, SURCHARGE OR DEFENSE BY A SERVICER, A CUSTOMER, A PUBLIC POWER ENTITY, A CREDITOR OF A PUBLIC POWER ENTITY, A CREDITOR OF THE QUALIFIED SPECIAL PURPOSE ENTITY OR ANY OTHER PERSON, OR IN CONNECTION WITH ANY DEFAULT, - 10 - H.B.
TRANSITION PROPERTY, FINANCING CHARGES, FINANCING REVENUES AND THE INTERESTS OF A FINANCING PARTY OR ANY OTHER PERSON IN TRANSITION PROPERTY OR IN FINANCING REVENUES ARE NOT SUBJECT TO OFFSET, COUNTERCLAIM, SURCHARGE OR DEFENSE BY A SERVICER, A CUSTOMER, A PUBLIC POWER ENTITY, A CREDITOR OF A PUBLIC POWER ENTITY, A CREDITOR OF THE QUALIFIED SPECIAL PURPOSE ENTITY OR ANY OTHER PERSON, OR IN CONNECTION WITH ANY DEFAULT, BANKRUPTCY, REORGANIZATION OR OTHER INSOLVENCY PROCEEDING OF ANY SUCH PERSON.
2679 BANKRUPTCY, REORGANIZATION OR OTHER INSOLVENCY PROCEEDING OF ANY SUCH PERSON.
30-905.
- 11 - H.B.
2679 30-905.
- 11 - H.B.
30-906.
2679 30-906.
3.
- 12 - H.B.
2679 3.
ANY PLEDGEE OR SECURED PARTY HAS A PERFECTED SECURITY INTEREST IN THE AMOUNT OF ALL FINANCING REVENUES THAT ARE DEPOSITED IN ANY ACCOUNT OF THE SERVICER IN WHICH FINANCING REVENUES HAVE BEEN COMMINGLED WITH OTHER - 12 - H.B.
ANY PLEDGEE OR SECURED PARTY HAS A PERFECTED SECURITY INTEREST IN THE AMOUNT OF ALL FINANCING REVENUES THAT ARE DEPOSITED IN ANY ACCOUNT OF THE SERVICER IN WHICH FINANCING REVENUES HAVE BEEN COMMINGLED WITH OTHER MONIES, AND ANY OTHER SECURITY INTEREST THAT MAY APPLY TO SUCH FINANCING REVENUES IS TERMINATED WHEN THOSE FUNDS ARE TRANSFERRED TO A SEGREGATED ACCOUNT FOR A FINANCING PARTY OR ASSIGNEE OF A FINANCING PARTY.
2679 MONIES, AND ANY OTHER SECURITY INTEREST THAT MAY APPLY TO SUCH FINANCING REVENUES IS TERMINATED WHEN THOSE FUNDS ARE TRANSFERRED TO A SEGREGATED ACCOUNT FOR A FINANCING PARTY OR ASSIGNEE OF A FINANCING PARTY.
ADJUSTMENTS TO FINANCING CHARGES THAT ARE MADE IN ACCORDANCE WITH THE TRUE-UP MECHANISM SHALL BE APPLIED THROUGH AN EQUAL PERCENTAGE CHANGE TO ALL UNIT FINANCING CHARGES OR THROUGH AN ALTERNATIVE NONDISCRETIONARY MATHEMATICAL PROCESS OF ADJUSTING UNIT FINANCING CHARGES THAT IS INCLUDED IN THE TRUE-UP MECHANISM AND THAT IS DESCRIBED IN THE FINANCING RESOLUTION.
ADJUSTMENTS TO FINANCING CHARGES THAT ARE MADE IN ACCORDANCE WITH THE TRUE-UP MECHANISM SHALL BE APPLIED THROUGH AN EQUAL PERCENTAGE CHANGE TO ALL UNIT FINANCING CHARGES OR THROUGH AN - 13 - H.B.
2679 ALTERNATIVE NONDISCRETIONARY MATHEMATICAL PROCESS OF ADJUSTING UNIT FINANCING CHARGES THAT IS INCLUDED IN THE TRUE-UP MECHANISM AND THAT IS DESCRIBED IN THE FINANCING RESOLUTION.
A PARTY MAY NOT BRING ANY ACTION TO ENJOIN, RESTRAIN, STAY OR DELAY THE VALIDITY, CALCULATION AND IMPOSITION OF FINANCING CHARGES OR THE COLLECTION OF - 13 - H.B.
A PARTY MAY NOT BRING ANY ACTION TO ENJOIN, RESTRAIN, STAY OR DELAY THE VALIDITY, CALCULATION AND IMPOSITION OF FINANCING CHARGES OR THE COLLECTION OF FINANCING REVENUES, INCLUDING THE ESTABLISHMENT AND APPLICATION OF THE TRUE-UP MECHANISM AND THE COLLECTION AND REMITTANCE OF FINANCING REVENUES.
2679 FINANCING REVENUES, INCLUDING THE ESTABLISHMENT AND APPLICATION OF THE TRUE-UP MECHANISM AND THE COLLECTION AND REMITTANCE OF FINANCING REVENUES.
IF THE FINAL JUDGMENT OF THE SUPERIOR COURT, AFTER ALL APPEALS ARE EXHAUSTED, REQUIRES A MODIFICATION OF ANY ADJUSTMENT MADE UNDER THE TRUE-UP MECHANISM, THE SERVICER SHALL MAKE THAT MODIFICATION AT THE TIME OF AND AS PART OF THE NEXT PERIODIC ADJUSTMENT OF THE FINANCING CHARGES ON THE EXHAUSTION OF ALL APPEALS THROUGH THE TRUE-UP MECHANISM.
IF THE FINAL JUDGMENT OF THE SUPERIOR COURT, AFTER ALL APPEALS - 14 - H.B.
2679 ARE EXHAUSTED, REQUIRES A MODIFICATION OF ANY ADJUSTMENT MADE UNDER THE TRUE-UP MECHANISM, THE SERVICER SHALL MAKE THAT MODIFICATION AT THE TIME OF AND AS PART OF THE NEXT PERIODIC ADJUSTMENT OF THE FINANCING CHARGES ON THE EXHAUSTION OF ALL APPEALS THROUGH THE TRUE-UP MECHANISM.
ESTIMATING WHETHER THE EXISTING FINANCING CHARGES AND RESULTING FINANCING REVENUES ARE SUFFICIENT TO PROVIDE FOR A TIMELY AND COMPLETE - 14 - H.B.
ESTIMATING WHETHER THE EXISTING FINANCING CHARGES AND RESULTING FINANCING REVENUES ARE SUFFICIENT TO PROVIDE FOR A TIMELY AND COMPLETE PAYMENT OF ANY ONGOING FINANCING COSTS OR WHETHER AN OVERCOLLECTION OR UNDERCOLLECTION OF FINANCING REVENUES IS PROJECTED.
2679 PAYMENT OF ANY ONGOING FINANCING COSTS OR WHETHER AN OVERCOLLECTION OR UNDERCOLLECTION OF FINANCING REVENUES IS PROJECTED.
K.
- 15 - H.B.
2679 K.
THE ORDER SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING - 15 - H.B.
THE ORDER SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING ANY BANKRUPTCY, REORGANIZATION OR OTHER INSOLVENCY OR RECEIVERSHIP PROCEEDINGS OF THE SERVICER OR THE QUALIFIED SPECIAL PURPOSE ENTITY.
2679 ANY BANKRUPTCY, REORGANIZATION OR OTHER INSOLVENCY OR RECEIVERSHIP PROCEEDINGS OF THE SERVICER OR THE QUALIFIED SPECIAL PURPOSE ENTITY.
ON OR AFTER THE ISSUANCE OF TRANSITION BONDS, THE TRANSITION PROPERTY, THE TRUE-UP MECHANISM AND THE FINANCING CHARGES ARE IRREVOCABLE, FINAL, NONDISCRETIONARY AND EFFECTIVE WITHOUT THE NEED FOR FURTHER ACTION BY THE GOVERNING BODY OR THIS STATE, AND SUCH FINANCING CHARGES SHALL NOT BE SUBJECT TO RESCISSION, ALTERATION, AMENDMENT, REDUCTION, IMPAIRMENT OR ADJUSTMENT BY FURTHER ACTION OF THIS STATE OR ANY OTHER BODY, EXCEPT PURSUANT TO THE TRUE-UP MECHANISM.
ON OR AFTER THE ISSUANCE OF TRANSITION BONDS, THE TRANSITION PROPERTY, THE TRUE-UP MECHANISM AND THE FINANCING CHARGES ARE IRREVOCABLE, FINAL, NONDISCRETIONARY AND EFFECTIVE WITHOUT THE NEED FOR FURTHER ACTION - 16 - H.B.
2679 BY THE GOVERNING BODY OR THIS STATE, AND SUCH FINANCING CHARGES SHALL NOT BE SUBJECT TO RESCISSION, ALTERATION, AMENDMENT, REDUCTION, IMPAIRMENT OR ADJUSTMENT BY FURTHER ACTION OF THIS STATE OR ANY OTHER BODY, EXCEPT PURSUANT TO THE TRUE-UP MECHANISM.
- 16 - H.B.
D.
2679 D.
2.
- 17 - H.B.
2679 2.
- 17 - H.B.
D.
2679 D.
F.
- 18 - H.B.
2679 F.
- 18 - H.B.
30-913.
2679 30-913.
Obligations of successor to public power entity ANY SUCCESSOR TO A PUBLIC POWER ENTITY, WHETHER PURSUANT TO A BANKRUPTCY, REORGANIZATION OR OTHER INSOLVENCY PROCEEDING OR PURSUANT TO A MERGER, ACQUISITION, SALE OR TRANSFER OR OTHER BUSINESS COMBINATION BY OPERATION OF LAW OR AGREEMENT OF THE PUBLIC POWER ENTITY OR OTHERWISE, SHALL PERFORM AND SATISFY ALL OBLIGATIONS OF AND HAVE THE SAME RIGHTS AND OBLIGATIONS UNDER THIS CHAPTER OR ANY FINANCING RESOLUTION AS THE PUBLIC POWER ENTITY IN THE SAME MANNER AND TO THE SAME EXTENT AS THE PUBLIC POWER ENTITY, INCLUDING ACTING AS A SERVICER AND COLLECTING AND PAYING TO THE PERSON ENTITLED TO RECEIVE THE FINANCING CHARGES AND FINANCING REVENUES.
Obligations of successor to public power entity ANY SUCCESSOR TO A PUBLIC POWER ENTITY, WHETHER PURSUANT TO A BANKRUPTCY, REORGANIZATION OR OTHER INSOLVENCY PROCEEDING OR PURSUANT TO A MERGER, ACQUISITION, SALE OR TRANSFER OR OTHER BUSINESS COMBINATION BY - 19 - H.B.
2679 OPERATION OF LAW OR AGREEMENT OF THE PUBLIC POWER ENTITY OR OTHERWISE, SHALL PERFORM AND SATISFY ALL OBLIGATIONS OF AND HAVE THE SAME RIGHTS AND OBLIGATIONS UNDER THIS CHAPTER OR ANY FINANCING RESOLUTION AS THE PUBLIC POWER ENTITY IN THE SAME MANNER AND TO THE SAME EXTENT AS THE PUBLIC POWER ENTITY, INCLUDING ACTING AS A SERVICER AND COLLECTING AND PAYING TO THE PERSON ENTITLED TO RECEIVE THE FINANCING CHARGES AND FINANCING REVENUES.
- 19 - H.B.
(f) A HEDGING ARRANGEMENT.
2679 (f) A HEDGING ARRANGEMENT.
2.
- 20 - H.B.
2679 2.
- 20 - H.B.
(ii) A SUCCESSOR TO AN APPLICANT.
2679 (ii) A SUCCESSOR TO AN APPLICANT.
(c) WITHOUT REGARD TO WHETHER THE PERSON OR ENTITY ALSO RECEIVES SERVICE FROM OTHER ELECTRIC SERVICE PROVIDERS, THE PERSON OR ENTITY IS A COOPERATIVE THAT PROVIDES RETAIL ELECTRIC SERVICE TO MEMBERS AND THAT RECEIVES ELECTRICITY FROM AN APPLICANT THAT PROVIDES WHOLESALE ELECTRIC GENERATION AND TRANSMISSION SERVICES.
- 21 - H.B.
2679 (c) WITHOUT REGARD TO WHETHER THE PERSON OR ENTITY ALSO RECEIVES SERVICE FROM OTHER ELECTRIC SERVICE PROVIDERS, THE PERSON OR ENTITY IS A COOPERATIVE THAT PROVIDES RETAIL ELECTRIC SERVICE TO MEMBERS AND THAT RECEIVES ELECTRICITY FROM AN APPLICANT THAT PROVIDES WHOLESALE ELECTRIC GENERATION AND TRANSMISSION SERVICES.
(d) THE COSTS THAT ARE INCURRED UNDER AN ANCILLARY AGREEMENT AND ANY AMOUNT THAT IS REQUIRED TO REFUND OR REPLENISH A RESERVE ACCOUNT OR OTHER ACCOUNT ESTABLISHED UNDER AN ANCILLARY AGREEMENT OR OTHER DOCUMENT RELATING TO TRANSITION BONDS.
(d) THE COSTS, FEES AND EXPENSES THAT ARE ASSOCIATED WITH HIRING EXPERT CONSULTANTS THAT ARE NECESSARY TO AID THE COMMISSION IN REVIEWING AND APPROVING AN APPLICATION FOR A FINANCING ORDER IN ACCORDANCE WITH THIS CHAPTER.
(e) THE COSTS OF FORMING, OPERATING, ADMINISTERING AND DISSOLVING A QUALIFIED SPECIAL PURPOSE ENTITY.
(e) THE COSTS THAT ARE INCURRED UNDER AN ANCILLARY AGREEMENT AND ANY AMOUNT THAT IS REQUIRED TO REFUND OR REPLENISH A RESERVE ACCOUNT OR OTHER ACCOUNT ESTABLISHED UNDER AN ANCILLARY AGREEMENT OR OTHER DOCUMENT RELATING TO TRANSITION BONDS.
(f) THE COSTS, FEES AND EXPENSES THAT ARE INCURRED TO OBTAIN ANY CONSENT, RELEASE, WAIVER OR APPROVAL FROM ANY HOLDER OF AN EXISTING OBLIGATION OF AN APPLICANT THAT IS NECESSARY TO PERMIT THE ISSUANCE OF TRANSITION BONDS OR THE RETIREMENT, ABANDONMENT OR REDUCTION IN THE UNDEPRECIATED BOOK VALUE OF A TRANSITION ASSET IN CONNECTION WITH A TRANSACTION UNDER THIS CHAPTER.
(f) THE COSTS OF FORMING, OPERATING, ADMINISTERING AND DISSOLVING A QUALIFIED SPECIAL PURPOSE ENTITY.
(g) THE COSTS THAT ARE INCURRED TO PROTECT THE STATUS OF TRANSITION PROPERTY, THE RIGHT TO IMPOSE AND COLLECT FINANCING CHARGES OR THE RIGHT TO RECEIVE FINANCING REVENUES, INCLUDING COSTS RELATED TO ANY JUDICIAL OR - 21 - H.B.
(g) THE COSTS, FEES AND EXPENSES THAT ARE INCURRED TO OBTAIN ANY CONSENT, RELEASE, WAIVER OR APPROVAL FROM ANY HOLDER OF AN EXISTING OBLIGATION OF AN APPLICANT THAT IS NECESSARY TO PERMIT THE ISSUANCE OF TRANSITION BONDS OR THE RETIREMENT, ABANDONMENT OR REDUCTION IN THE UNDEPRECIATED BOOK VALUE OF A TRANSITION ASSET IN CONNECTION WITH A TRANSACTION UNDER THIS CHAPTER.
(h) THE COSTS THAT ARE INCURRED TO PROTECT THE STATUS OF TRANSITION PROPERTY, THE RIGHT TO IMPOSE AND COLLECT FINANCING CHARGES OR THE RIGHT TO RECEIVE FINANCING REVENUES, INCLUDING COSTS RELATED TO ANY JUDICIAL OR - 22 - H.B.
(h) FEDERAL, STATE AND OTHER TAXES THAT ARE IMPOSED ON THE APPLICANT OR THE QUALIFIED SPECIAL PURPOSE ENTITY, WITH RESPECT TO THE FINANCING CHARGES OR FINANCING REVENUES WITHOUT DUPLICATION, AND ADJUSTED TO REFLECT ANY UNRECOVERED DEFERRED INCOME TAX BALANCE ASSOCIATED WITH THE TRANSITION COSTS, AND ANY OTHER FEES, CHARGES OR OTHER ASSESSMENTS THAT ARE IMPOSED ON TRANSITION BONDS.
(i) FEDERAL, STATE AND OTHER TAXES THAT ARE IMPOSED ON THE APPLICANT OR THE QUALIFIED SPECIAL PURPOSE ENTITY, WITH RESPECT TO THE FINANCING CHARGES OR FINANCING REVENUES WITHOUT DUPLICATION, AND ADJUSTED TO REFLECT ANY UNRECOVERED DEFERRED INCOME TAX BALANCE ASSOCIATED WITH THE TRANSITION COSTS, AND ANY OTHER FEES, CHARGES OR OTHER ASSESSMENTS THAT ARE IMPOSED ON TRANSITION BONDS.
- 22 - H.B.
- 23 - H.B.
(a) MEANS COSTS, FEES AND EXPENSES THAT ARE INCURRED OR TO BE INCURRED THROUGH THE DATE OF ISSUANCE OF A FINANCING ORDER BY A PUBLIC SERVICE CORPORATION AND THAT ARE ASSOCIATED WITH OR THAT ARISE FROM WEATHER, WILDFIRE OR PUBLIC HEALTH EMERGENCY EVENTS OR INCIDENTS OR OTHER EVENTS OR INCIDENTS THAT CAUSE OR THREATEN TO CAUSE SIGNIFICANT LOSS OF LIFE, INJURY TO PERSON OR PROPERTY, HUMAN SUFFERING OR FINANCIAL LOSS.
(a) MEANS COSTS, FEES AND EXPENSES THAT ARE SIGNIFICANT, AS DETERMINED BY THE COMMISSION, THAT ARE INCURRED OR TO BE INCURRED THROUGH THE DATE OF ISSUANCE OF A FINANCING ORDER AND THAT ARE ASSOCIATED WITH OR THAT ARISE FROM INCIDENTS OF SEVERE OR EXTREME WEATHER, NATURAL DISASTERS, CIVIL DISTURBANCE, WILDFIRE, CRIMINAL ACTS OR ACTS OF WAR OR TERRORISM THAT RESULT IN ANY OF THE APPLICANT'S ASSETS, FACILITIES OR INFRASTRUCTURE THAT ARE IN OPERATION PROVIDING SERVICE FOR CUSTOMERS BECOMING DESTROYED, DAMAGED OR OTHERWISE RENDERED INOPERABLE, IN WHOLE OR IN PART.
(b) AS OF THE DATE OF THE APPLICATION, IS PLANNED TO BE RETIRED, SOLD, DISPOSED OF, ABANDONED OR OTHERWISE REMOVED FROM SERVICE BY THE - 23 - H.B.
- 24 - H.B.
2679 APPLICANT, IN WHOLE OR IN PART, WITHIN TEN YEARS AFTER THE DATE OF THE APPLICATION.
2679 (b) AS OF THE DATE OF THE APPLICATION, IS PLANNED TO BE RETIRED, SOLD, DISPOSED OF, ABANDONED OR OTHERWISE REMOVED FROM SERVICE BY THE APPLICANT, IN WHOLE OR IN PART, WITHIN TEN YEARS AFTER THE DATE OF THE APPLICATION.
(b) UNRECOVERED FUEL COSTS.
(b) SIGNIFICANT EVENT RECOVERY COSTS.
(c) SIGNIFICANT EVENT RECOVERY COSTS.
(a) MEANS THE PROPERTY RIGHTS AND PROPERTY INTERESTS OF A QUALIFIED SPECIAL PURPOSE ENTITY, ANY HOLDERS OF TRANSITION BONDS WHEN ISSUED OR ANY TRANSFEREE OR ASSIGNEE THEREOF THAT ARE CREATED OR RECOGNIZED AS A RESULT - 24 - H.B.
- 25 - H.B.
2679 OF A TRANSACTION AUTHORIZED BY THIS CHAPTER AND IS NOT AN ASSET OF THE APPLICANT OR ANY OTHER PUBLIC SERVICE CORPORATION.
2679 (a) MEANS THE PROPERTY RIGHTS AND PROPERTY INTERESTS OF A QUALIFIED SPECIAL PURPOSE ENTITY, ANY HOLDERS OF TRANSITION BONDS WHEN ISSUED OR ANY TRANSFEREE OR ASSIGNEE THEREOF THAT ARE CREATED OR RECOGNIZED AS A RESULT OF A TRANSACTION AUTHORIZED BY THIS CHAPTER AND IS NOT AN ASSET OF THE APPLICANT OR ANY OTHER PUBLIC SERVICE CORPORATION.
(a) MEANS A FORMULA, DESCRIBED IN THE APPLICATION FOR A FINANCING ORDER AND ESTABLISHED BEFORE OR CONCURRENT WITH THE ISSUANCE OF TRANSITION BONDS, THAT ADJUSTS FINANCING CHARGES OVER TIME TO CORRECT FOR ANY OVERCOLLECTION OR UNDERCOLLECTION OF FINANCING REVENUES SO THAT A QUALIFIED SPECIAL PURPOSE ENTITY TIMELY AND COMPLETELY RECOVERS ALL ONGOING FINANCING COSTS.
(a) MEANS A FORMULA, DESCRIBED IN THE APPLICATION FOR A FINANCING ORDER AND ESTABLISHED BEFORE OR CONCURRENT WITH THE ISSUANCE OF TRANSITION BONDS, THAT ADJUSTS FINANCING CHARGES OVER TIME TO CORRECT FOR ANY OVERCOLLECTION OR UNDERCOLLECTION OF FINANCING REVENUES SO THAT BOTH A QUALIFIED SPECIAL PURPOSE ENTITY TIMELY AND COMPLETELY RECOVERS NOT MORE THAN ALL ONGOING FINANCING COSTS AND ANY IMPACTS TO THE APPLICANT'S CUSTOMERS FROM ANY OVERCOLLECTION ARE ADDRESSED IN A TIMELY AND COMPLETE MANNER.
26.
- 26 - H.B.
"UNRECOVERED FUEL COSTS":
2679 26.
(a) MEANS FOR ANY APPLICANT:
(i) THE UNRECOVERED AMOUNTS OF PREVIOUSLY INCURRED COSTS, FEES AND EXPENSES TO PURCHASE FUEL USED TO GENERATE ELECTRICITY.
(ii) THE UNRECOVERED AMOUNTS OF PREVIOUSLY INCURRED COSTS, FEES AND EXPENSES TO PURCHASE ELECTRICITY, CAPACITY OR ANY OTHER COMPONENT OF - 25 - H.B.
2679 WHOLESALE ELECTRICITY TRANSACTIONS FROM A THIRD PARTY, INCLUDING IN TRANSACTIONS BETWEEN COOPERATIVES.
(iii) ANY DEBT OR OTHER CARRYING COSTS ASSOCIATED WITH THE APPLICANT'S UNRECOVERED FUEL OR PURCHASED POWER BALANCES.
(b) FOR A COMBINED COOPERATIVE SECURITIZATION, MAY INCLUDE UNRECOVERED FUEL COSTS THAT HAVE BEEN INCURRED BY A GENERATION AND TRANSMISSION COOPERATIVE APPLICANT THAT OTHERWISE WOULD BE PASSED ON TO DISTRIBUTION COOPERATIVE APPLICANTS IN WHOLESALE POWER OR SIMILAR CHARGES REGARDLESS OF WHETHER THE UNRECOVERED FUEL COSTS HAVE BEEN PASSED THROUGH TO DISTRIBUTION COOPERATIVE APPLICANTS AT ANY GIVEN TIME.
27.
THE UNRECOVERED COSTS OF FUEL OR PURCHASED POWER.
THE COSTS ARISING FROM OR RELATED TO WEATHER, WILDFIRE OR OTHER SIGNIFICANT EVENTS OR INCIDENTS THAT CAUSE DAMAGE, DESTRUCTION OR OTHERWISE RENDER INOPERABLE, IN WHOLE OR IN PART, ANY OF THE APPLICANT'S ASSETS, FACILITIES OR INFRASTRUCTURE THAT ARE IN OPERATION PROVIDING SERVICE FOR CUSTOMERS.
3.
THE COSTS ARISING FROM OR RELATED TO WEATHER, WILDFIRE OR OTHER SIGNIFICANT EVENTS OR INCIDENTS THAT CAUSE OR THREATEN TO CAUSE SIGNIFICANT LOSS OF LIFE, INJURY TO PERSON OR PROPERTY, HUMAN SUFFERING OR FINANCIAL LOSS.
- 26 - H.B.
1.
2679 1.
IDENTIFY, AS APPLICABLE, ANY TRANSITION ASSETS, TRANSITION ASSET RETIREMENT COSTS OR SIGNIFICANT EVENT RECOVERY COSTS.
IDENTIFY, AS APPLICABLE, ANY TRANSITION ASSETS, TRANSITION ASSET RETIREMENT COSTS, UNRECOVERED FUEL COSTS OR SIGNIFICANT EVENT RECOVERY COSTS.
FOR THE PURPOSES OF THIS PARAGRAPH, TRANSITION ASSETS MUST CURRENTLY BE OR HAVE PREVIOUSLY BEEN IN OPERATION PROVIDING SERVICE FOR THE APPLICANT'S CUSTOMERS AS OF THE EFFECTIVE DATE OF THIS SECTION, EXCEPT FOR TRANSITION ASSETS THAT ARE PLACED INTO SERVICE AFTER THE EFFECTIVE DATE OF THIS SECTION THAT BECOME DESTROYED, DAMAGED OR RENDERED INOPERABLE, IN WHOLE OR IN PART, BY FORCES OR ACTION OUTSIDE OF THE APPLICANT'S REASONABLE CONTROL, AS PROVIDED IN SECTION 40-601, PARAGRAPH 17, SUBDIVISION (c).
FOR THE PURPOSES OF THIS PARAGRAPH, "UNRECOVERED FUEL COSTS":
- 27 - H.B.
(a) INCLUDES AMOUNTS OF UNRECOVERED FUEL OR PURCHASED POWER EXPENSES WITH ASSOCIATED DEBT OR OTHER CARRYING COSTS.
2679 2.
(b) AS DETERMINED BY THE COMMISSION, SHALL BE SIGNIFICANT AND ARISE FROM ANY OF THE FOLLOWING:
ESTIMATE THE TRANSITION COSTS AND FINANCING COSTS INCLUDING AN ESTIMATE OF RECOVERING SUCH COSTS ON A NET PRESENT VALUE BASIS.
(i) SUPPLY SHORTAGES.
(ii) DISRUPTIONS IN THE TRANSPORTATION INFRASTRUCTURE OR SUPPLY CHAINS.
(iii) MARKET VOLATILITY.
(iv) SUBSTANTIAL CUSTOMER LOAD GROWTH.
(v) ANY OTHER REASONABLY UNFORESEEN CIRCUMSTANCE.
2.
ESTIMATE THE TRANSITION COSTS AND FINANCING COSTS.
FOR THE PURPOSES OF THIS PARAGRAPH, "FINANCING CHARGES" INCLUDES ANY COSTS AND FEES THAT ARE ASSOCIATED WITH HIRING EXPERT CONSULTANTS THAT ARE NECESSARY TO AID THE COMMISSION IN REVIEWING AND APPROVING OF AN APPLICATION FOR A FINANCING ORDER.
(b) ANY REGULATORY ASSET OR RECORDED LIABILITY THAT IS ASSOCIATED WITH TRANSITION BONDS TO RECOVER UNRECOVERED FUEL COSTS OR SIGNIFICANT EVENT RECOVERY COSTS IN EXCHANGE FOR THE NET PROCEEDS OF THE TRANSITION BONDS.
(b) ANY REGULATORY ASSET OR RECORDED LIABILITY THAT IS ASSOCIATED WITH TRANSITION BONDS TO RECOVER SIGNIFICANT EVENT RECOVERY COSTS IN EXCHANGE FOR THE NET PROCEEDS OF THE TRANSITION BONDS.
- 27 - H.B.
12.
2679 12.
COMMIT TO MAKING A FILING WITH THE COMMISSION THAT WILL DESCRIBE THE FINAL STRUCTURE AND PRICING OF THE TRANSITION BONDS, A STATEMENT OF ACTUAL UPFRONT FINANCING COSTS AND AN UPDATED CALCULATION OF THE ESTIMATED FINANCING CHARGES AND UNIT FINANCING CHARGES OVER THE LIFE OF THE TRANSITION BONDS.
COMMIT TO MAKING AN INFORMATIONAL FILING WITH THE COMMISSION THAT WILL DESCRIBE THE FINAL STRUCTURE AND PRICING OF THE TRANSITION BONDS, A STATEMENT OF ACTUAL UPFRONT FINANCING COSTS AND AN UPDATED CALCULATION OF THE ESTIMATED FINANCING CHARGES AND UNIT FINANCING CHARGES OVER THE LIFE OF THE TRANSITION BONDS.
FOR A COMBINED COOPERATIVE SECURITIZATION, DESCRIBE THE ALLOCATION OF FINANCING COSTS OR FINANCING CHARGES AND UNIT FINANCING CHARGES TO EACH COOPERATIVE APPLICANT'S CUSTOMERS, AS WELL AS HOW THE TRUE-UP MECHANISM WILL ALLOCATE OR REALLOCATE FINANCING COSTS TO THE COOPERATIVE APPLICANT'S CUSTOMERS OVER TIME.
FOR A COMBINED COOPERATIVE SECURITIZATION, DESCRIBE THE ALLOCATION OF FINANCING COSTS OR FINANCING CHARGES AND UNIT FINANCING CHARGES TO EACH COOPERATIVE APPLICANT'S CUSTOMERS, AS WELL AS HOW THE - 28 - H.B.
2679 TRUE-UP MECHANISM WILL ALLOCATE OR REALLOCATE FINANCING COSTS TO THE COOPERATIVE APPLICANT'S CUSTOMERS OVER TIME.
15.
INCLUDE AN ANALYSIS THAT SHOWS THE SECURITIZATION TRANSACTION WILL RESULT IN LOWER COSTS TO THE APPLICANT'S CUSTOMERS ON A NET PRESENT VALUE BASIS AS COMPARED TO FINANCING OPTIONS THAT ARE OTHERWISE AVAILABLE TO THE APPLICANT.
THE TRANSITION BENEFIT TEST IS SATISFIED.
THE SECURITIZATION TRANSACTION WILL RESULT IN LOWER COSTS TO THE APPLICANT'S CUSTOMERS ON A NET PRESENT VALUE BASIS AS COMPARED TO OTHER FINANCING OPTIONS THAT ARE AVAILABLE TO THE APPLICANT, WHICH SHALL BE DETERMINED BASED ON WHETHER THE TRANSITION BENEFIT TEST IS SATISFIED.
COST-EFFECTIVENESS SHALL BE DETERMINED BY COMPARING THE SUM OF THE NET PRESENT VALUE OF ALL THE COSTS AND EXPENSES OF RELIABLE REPLACEMENT GENERATION OF EQUAL OR GREATER CONTRIBUTION TOWARD THE UTILITY'S RESOURCE ADEQUACY THAN THE ELECTRIC POWER GENERATION - 28 - H.B.
COST-EFFECTIVENESS SHALL BE DETERMINED BY COMPARING THE SUM OF THE NET PRESENT VALUE OF ALL THE COSTS AND EXPENSES OF RELIABLE REPLACEMENT GENERATION OF EQUAL OR GREATER CONTRIBUTION TOWARD THE UTILITY'S RESOURCE ADEQUACY THAN THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER THE - 29 - H.B.
2679 FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER THE REPLACEMENT GENERATION'S EXPECTED USEFUL LIFE COMBINED WITH THE PROJECTED NET PRESENT VALUE TO RATEPAYERS OF THE TOTAL EXPECTED COST OF THE TRANSITION BONDS OVER THE TERM OF SUCH BONDS, AS COMPARED TO THE NET PRESENT VALUE TO RATEPAYERS OF THE COST, INCLUDING ANY UNRECOVERED COSTS ASSOCIATED WITH UNDEPRECIATED VALUE OR UNRECOVERED BALANCES OF THE TRANSITION ASSET IF SUCH COSTS WERE TO BE FINANCED DIRECTLY BY THE APPLICANT, OF CONTINUING TO OPERATE THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER AN EQUIVALENT TIME FRAME REGARDLESS OF THE FUEL SOURCE OF THE POWER GENERATION.
2679 REPLACEMENT GENERATION'S EXPECTED USEFUL LIFE COMBINED WITH THE PROJECTED NET PRESENT VALUE TO RATEPAYERS OF THE TOTAL EXPECTED COST OF THE TRANSITION BONDS OVER THE TERM OF SUCH BONDS, AS COMPARED TO THE NET PRESENT VALUE TO RATEPAYERS OF THE COST, INCLUDING ANY UNRECOVERED COSTS ASSOCIATED WITH UNDEPRECIATED VALUE OR UNRECOVERED BALANCES OF THE TRANSITION ASSET IF SUCH COSTS WERE TO BE FINANCED DIRECTLY BY THE APPLICANT, OF CONTINUING TO OPERATE THE ELECTRIC POWER GENERATION FACILITY THAT WILL BE OR HAS BEEN REMOVED FROM SERVICE OVER AN EQUIVALENT TIME FRAME REGARDLESS OF THE FUEL SOURCE OF THE POWER GENERATION.
THE PROPOSED TRANSITION BILLING SERVICES TARIFF IS JUST AND REASONABLE, IS IN THE PUBLIC INTEREST AND SHOULD BE IN EFFECT.
THE PROPOSED TRANSITION BILLING SERVICES TARIFF, INCLUDING ANY TRUE-UP MECHANISM THAT IS DESIGNED TO ADDRESS OVERCOLLECTION OR UNDERCOLLECTION FROM THE APPLICANT'S CUSTOMERS, IS JUST AND REASONABLE, IS IN THE PUBLIC INTEREST AND SHOULD BE IN EFFECT.
E.
FOR THE PURPOSES OF REVIEWING AND APPROVING AN APPLICATION FOR A FINANCING ORDER, THE COMMISSION MAY USE EXPERT CONSULTANTS AND CHARGE THE QUALIFIED SPECIAL PURPOSE ENTITY A FEE FOR HIRING THE EXPERT CONSULTANTS.
ANY REGULATORY ASSETS THAT ARE RELATED TO UNRECOVERED FUEL COSTS OR SIGNIFICANT EVENT RECOVERY COSTS ARE REDUCED BY THAT CORRESPONDING AMOUNT.
ANY REGULATORY ASSETS THAT ARE RELATED TO SIGNIFICANT EVENT RECOVERY COSTS ARE REDUCED BY THAT CORRESPONDING AMOUNT.
ANY INCURRED COSTS OF A RECORDED LIABILITY THAT ARE INCURRED AND ASSOCIATED WITH UNRECOVERED FUEL COSTS OR SIGNIFICANT EVENT RECOVERY COSTS ARE REDUCED BY THAT CORRESPONDING AMOUNT.
ANY INCURRED COSTS OF A RECORDED LIABILITY THAT ARE INCURRED AND ASSOCIATED WITH SIGNIFICANT EVENT RECOVERY COSTS ARE REDUCED BY THAT CORRESPONDING AMOUNT.
B.
- 30 - H.B.
2679 B.
- 29 - H.B.
3.
2679 3.
AN APPLICANT MAY NOT HAVE AN OWNERSHIP OR BENEFICIAL INTEREST OR ANY CLAIM OF RIGHT IN THE TRANSITION PROPERTY, OTHER THAN THE REQUIREMENT TO CALCULATE, IMPOSE, CHARGE, COLLECT AND RECEIVE THE FINANCING CHARGES AS SERVICER AND TRANSFER THE RESULTING FINANCING REVENUES TO THE QUALIFIED SPECIAL PURPOSE ENTITY THAT IS ENTITLED TO RECEIVE THOSE FINANCING REVENUES.
AN APPLICANT MAY NOT HAVE AN OWNERSHIP OR BENEFICIAL INTEREST OR ANY CLAIM OF RIGHT IN THE TRANSITION PROPERTY, OTHER THAN THE REQUIREMENT - 31 - H.B.
- 30 - H.B.
2679 TO CALCULATE, IMPOSE, CHARGE, COLLECT AND RECEIVE THE FINANCING CHARGES AS SERVICER AND TRANSFER THE RESULTING FINANCING REVENUES TO THE QUALIFIED SPECIAL PURPOSE ENTITY THAT IS ENTITLED TO RECEIVE THOSE FINANCING REVENUES.
2679 D.
D.
THE APPROVAL OF A FINANCING ORDER DOES NOT OBLIGATE AN APPLICANT OR A QUALIFIED SPECIAL PURPOSE ENTITY TO ENGAGE IN THE APPROVED TRANSACTION, AND NEITHER AN APPLICANT NOR A QUALIFIED SPECIAL PURPOSE ENTITY SHALL BE SUBJECT TO ANY REGULATORY CONDITIONS, REGULATORY SANCTIONS OR OTHER PENALTIES FOR NOT ENGAGING IN AN APPROVED TRANSACTION.
THE APPROVAL OF A FINANCING ORDER DOES NOT OBLIGATE AN APPLICANT OR A QUALIFIED SPECIAL PURPOSE ENTITY TO ENGAGE IN THE APPROVED - 32 - H.B.
IF THE QUALIFIED SPECIAL PURPOSE ENTITY DETERMINES NOT TO ISSUE TRANSITION BONDS AUTHORIZED BY A FINANCING ORDER, THE APPLICANT SHALL REIMBURSE THE - 31 - H.B.
2679 TRANSACTION, AND NEITHER AN APPLICANT NOR A QUALIFIED SPECIAL PURPOSE ENTITY SHALL BE SUBJECT TO ANY REGULATORY CONDITIONS, REGULATORY SANCTIONS OR OTHER PENALTIES FOR NOT ENGAGING IN AN APPROVED TRANSACTION.
2679 QUALIFIED SPECIAL PURPOSE ENTITY FOR ANY COSTS PAID BY THE QUALIFIED SPECIAL PURPOSE ENTITY THAT WOULD HAVE CONSTITUTED UPFRONT FINANCING COSTS HAD THE TRANSITION BONDS BEEN ISSUED, EXCEPT THAT DELAYING THE ISSUANCE OF TRANSITION BONDS PENDING FINAL RESOLUTION OF ANY APPEALS FROM THE FINANCING ORDER OR ANY LEGAL CHALLENGES TO THIS CHAPTER IS NOT DEEMED TO BE A DETERMINATION.
IF THE QUALIFIED SPECIAL PURPOSE ENTITY DETERMINES NOT TO ISSUE TRANSITION BONDS AUTHORIZED BY A FINANCING ORDER, THE APPLICANT SHALL REIMBURSE THE QUALIFIED SPECIAL PURPOSE ENTITY FOR ANY COSTS PAID BY THE QUALIFIED SPECIAL PURPOSE ENTITY THAT WOULD HAVE CONSTITUTED UPFRONT FINANCING COSTS HAD THE TRANSITION BONDS BEEN ISSUED, EXCEPT THAT DELAYING THE ISSUANCE OF TRANSITION BONDS PENDING FINAL RESOLUTION OF ANY APPEALS FROM THE FINANCING ORDER OR ANY LEGAL CHALLENGES TO THIS CHAPTER IS NOT DEEMED TO BE A DETERMINATION.
FINANCING STATEMENTS THAT ARE FILED PURSUANT TO THIS SECTION ARE EFFECTIVE WITHOUT THE NEED TO FILE A CONTINUATION STATEMENT UNTIL A TERMINATION STATEMENT IS FILED.
FINANCING STATEMENTS THAT ARE FILED PURSUANT TO THIS SECTION ARE EFFECTIVE WITHOUT THE NEED TO FILE A CONTINUATION - 33 - H.B.
2679 STATEMENT UNTIL A TERMINATION STATEMENT IS FILED.
A SECURITY INTEREST IN TRANSITION PROPERTY IS A CONTINUOUSLY PERFECTED SECURITY INTEREST AND HAS PRIORITY OVER ANY OTHER LIEN THAT MAY - 32 - H.B.
A SECURITY INTEREST IN TRANSITION PROPERTY IS A CONTINUOUSLY PERFECTED SECURITY INTEREST AND HAS PRIORITY OVER ANY OTHER LIEN THAT MAY SUBSEQUENTLY ATTACH TO THE TRANSITION PROPERTY UNLESS THE HOLDER OF THE SECURITY INTEREST HAS AGREED IN WRITING OTHERWISE.
2679 SUBSEQUENTLY ATTACH TO THE TRANSITION PROPERTY UNLESS THE HOLDER OF THE SECURITY INTEREST HAS AGREED IN WRITING OTHERWISE.
AFTER TRANSITION BONDS HAVE BEEN ISSUED, THE DETERMINATION AND IMPOSITION OF FINANCING CHARGES, THE RECOVERY OF FINANCING REVENUES AND THE ADJUSTMENT OF THE FINANCING CHARGES THROUGH THE TRUE-UP MECHANISM ARE NOT SUBJECT TO REVIEW OR APPROVAL BY ANY GOVERNMENT ENTITY INCLUDING STATE AGENCIES, PUBLIC CORPORATIONS, MUNICIPALITIES OR OTHER INSTRUMENTALITIES OF THIS STATE, EXCEPT THAT THE SUPERIOR COURT HAS EXCLUSIVE JURISDICTION TO AND, ON COMMENCEMENT OF A SUIT AGAINST THE QUALIFIED SPECIAL PURPOSE ENTITY BY A CUSTOMER, MAY REVIEW AND DETERMINE WHETHER THERE HAS BEEN A MATHEMATICAL OR ADMINISTRATIVE ERROR IN ANY OF THE FOLLOWING:
AFTER TRANSITION BONDS HAVE BEEN ISSUED, THE DETERMINATION AND IMPOSITION OF FINANCING CHARGES, THE RECOVERY OF FINANCING REVENUES AND THE ADJUSTMENT OF THE FINANCING CHARGES THROUGH THE TRUE-UP MECHANISM ARE NOT SUBJECT TO REVIEW OR APPROVAL BY ANY GOVERNMENT ENTITY INCLUDING STATE - 34 - H.B.
- 33 - H.B.
2679 AGENCIES, PUBLIC CORPORATIONS, MUNICIPALITIES OR OTHER INSTRUMENTALITIES OF THIS STATE, EXCEPT THAT THE SUPERIOR COURT HAS EXCLUSIVE JURISDICTION TO AND, ON COMMENCEMENT OF A SUIT AGAINST THE QUALIFIED SPECIAL PURPOSE ENTITY BY A CUSTOMER, MAY REVIEW AND DETERMINE WHETHER THERE HAS BEEN A MATHEMATICAL OR ADMINISTRATIVE ERROR IN ANY OF THE FOLLOWING:
2679 1.
1.
ANY ADJUSTMENTS THAT ARE MADE PURSUANT TO THE TRUE-UP MECHANISM, ANY REVIEW OF THE CALCULATIONS OF THOSE ADJUSTMENTS OR ANY ACTION BROUGHT TO DETERMINE WHETHER THERE HAS BEEN A MATHEMATICAL OR ADMINISTRATIVE ERROR IN THE APPLICATION OF THE TRUE-UP MECHANISM SHALL NOT AFFECT THE IRREVOCABILITY OF THE TRANSITION PROPERTY, THE FINANCING CHARGES, THE FINANCING ORDER, THE NONBYPASSIBILITY OF THE FINANCING CHARGES AND UNIT FINANCING CHARGES OR THE NONIMPAIRMENT PLEDGES PRESCRIBED IN SECTION 40-610.
ANY ADJUSTMENTS THAT ARE MADE PURSUANT TO THE TRUE-UP MECHANISM, ANY REVIEW OF THE CALCULATIONS OF THOSE ADJUSTMENTS OR ANY ACTION BROUGHT TO DETERMINE WHETHER THERE HAS BEEN A MATHEMATICAL OR ADMINISTRATIVE ERROR IN THE APPLICATION OF THE TRUE-UP MECHANISM SHALL NOT AFFECT THE IRREVOCABILITY OF THE TRANSITION PROPERTY, THE FINANCING CHARGES, THE FINANCING ORDER, THE NONBYPASSIBILITY OF THE FINANCING CHARGES AND UNIT - 35 - H.B.
2679 FINANCING CHARGES OR THE NONIMPAIRMENT PLEDGES PRESCRIBED IN SECTION 40-610.
REGARDLESS OF WHETHER FINANCING CHARGES ARE ADMINISTERED, BILLED OR COLLECTED BY A SERVICER THAT IS A PUBLIC SERVICE CORPORATION, THE FINANCING CHARGES ARE NOT RATES OR CHARGES IMPOSED OR MADE BY A PUBLIC SERVICE CORPORATION FOR ELECTRIC SERVICE, AND THE RIGHT TO RECEIVE FINANCING CHARGES AND TO COLLECT RESULTING FINANCING REVENUES IS - 34 - H.B.
REGARDLESS OF WHETHER FINANCING CHARGES ARE ADMINISTERED, BILLED OR COLLECTED BY A SERVICER THAT IS A PUBLIC SERVICE CORPORATION, THE FINANCING CHARGES ARE NOT RATES OR CHARGES IMPOSED OR MADE BY A PUBLIC SERVICE CORPORATION FOR ELECTRIC SERVICE, AND THE RIGHT TO RECEIVE FINANCING CHARGES AND TO COLLECT RESULTING FINANCING REVENUES IS INDEPENDENT OF ANY RATE THAT IS ESTABLISHED, MADE OR CHARGED BY A PUBLIC SERVICE CORPORATION FOR ELECTRIC SERVICES AND THE REVENUES COLLECTED THEREUNDER.
2679 INDEPENDENT OF ANY RATE THAT IS ESTABLISHED, MADE OR CHARGED BY A PUBLIC SERVICE CORPORATION FOR ELECTRIC SERVICES AND THE REVENUES COLLECTED THEREUNDER.
40-609.
- 36 - H.B.
2679 40-609.
- 35 - H.B.
B.
2679 B.
THIS STATE, INCLUDING ALL AGENCIES, PUBLIC CORPORATIONS, MUNICIPALITIES OR OTHER INSTRUMENTALITIES OF THIS STATE, PLEDGES TO AND AGREES WITH THE FINANCING PARTIES, INCLUDING PRESENT AND FUTURE HOLDERS OF TRANSITION BONDS, THE APPLICANT, THE QUALIFIED SPECIAL PURPOSE ENTITY AND ANY OTHER PERSONS THAT ENTER INTO AN ANCILLARY AGREEMENT, THAT AFTER THE ISSUANCE OF TRANSITION BONDS AND UNTIL ALL FINANCING COSTS WHICH INCLUDE THE PRINCIPAL AND INTEREST OF TRANSITION BONDS AND ALL AMOUNTS TO BE PAID UNDER AN ANCILLARY AGREEMENT ARE FULLY MET AND DISCHARGED, THIS STATE OR ANY AGENCY, PUBLIC CORPORATION, MUNICIPALITY OR OTHER INSTRUMENTALITY OF THIS STATE MAY NOT TAKE OR ALLOW ANY ACTION TO BE TAKEN TO LIMIT, REDUCE, ALTER, IMPAIR, DELAY OR TERMINATE ANY OF THE FOLLOWING:
THIS STATE, INCLUDING ALL AGENCIES, PUBLIC CORPORATIONS, MUNICIPALITIES OR OTHER INSTRUMENTALITIES OF THIS STATE, PLEDGES TO AND - 37 - H.B.
- 36 - H.B.
2679 AGREES WITH THE FINANCING PARTIES, INCLUDING PRESENT AND FUTURE HOLDERS OF TRANSITION BONDS, THE APPLICANT, THE QUALIFIED SPECIAL PURPOSE ENTITY AND ANY OTHER PERSONS THAT ENTER INTO AN ANCILLARY AGREEMENT, THAT AFTER THE ISSUANCE OF TRANSITION BONDS AND UNTIL ALL FINANCING COSTS WHICH INCLUDE THE PRINCIPAL AND INTEREST OF TRANSITION BONDS AND ALL AMOUNTS TO BE PAID UNDER AN ANCILLARY AGREEMENT ARE FULLY MET AND DISCHARGED, THIS STATE OR ANY AGENCY, PUBLIC CORPORATION, MUNICIPALITY OR OTHER INSTRUMENTALITY OF THIS STATE MAY NOT TAKE OR ALLOW ANY ACTION TO BE TAKEN TO LIMIT, REDUCE, ALTER, IMPAIR, DELAY OR TERMINATE ANY OF THE FOLLOWING:
2679 1.
1.
THE APPLICATION FOR REHEARING SHALL BE FILED NOT LATER THAN TWENTY DAYS AFTER A COMMISSION DECISION ON AN APPLICATION FOR A FINANCING ORDER.
THE APPLICATION FOR - 38 - H.B.
2679 REHEARING SHALL BE FILED NOT LATER THAN TWENTY DAYS AFTER A COMMISSION DECISION ON AN APPLICATION FOR A FINANCING ORDER.
WITHIN TEN DAYS AFTER A REHEARING IS DENIED OR GRANTED AND NOT AFTERWARDS, A PARTY THAT FILES A REHEARING APPLICATION PURSUANT TO SUBSECTION A OF THIS SECTION MAY FILE, IN THE SUPERIOR COURT IN THE COUNTY IN WHICH THE COMMISSION HAS ITS OFFICE, AN ACTION THAT SEEKS TO VACATE, - 37 - H.B.
WITHIN TEN DAYS AFTER A REHEARING IS DENIED OR GRANTED AND NOT AFTERWARDS, A PARTY THAT FILES A REHEARING APPLICATION PURSUANT TO SUBSECTION A OF THIS SECTION MAY FILE, IN THE SUPERIOR COURT IN THE COUNTY IN WHICH THE COMMISSION HAS ITS OFFICE, AN ACTION THAT SEEKS TO VACATE, SET ASIDE, AFFIRM IN PART, REVERSE IN PART OR REMAND THE COMMISSION'S DECISION REGARDING THE FINANCING APPLICATION.
2679 SET ASIDE, AFFIRM IN PART, REVERSE IN PART OR REMAND THE COMMISSION'S DECISION REGARDING THE FINANCING APPLICATION.
40-612.
- 39 - H.B.
2679 40-612.
THE APPROVAL - 38 - H.B.
THE APPROVAL OF A FINANCING ORDER DOES NOT OBLIGATE THIS STATE OR ANY COUNTY, MUNICIPALITY OR POLITICAL SUBDIVISION OF THIS STATE TO LEVY ANY TAX OR MAKE ANY APPROPRIATION FOR PAYMENT OF ANY FINANCING COST, INCLUDING THE PRINCIPAL AND INTEREST ON TRANSITION BONDS.
2679 OF A FINANCING ORDER DOES NOT OBLIGATE THIS STATE OR ANY COUNTY, MUNICIPALITY OR POLITICAL SUBDIVISION OF THIS STATE TO LEVY ANY TAX OR MAKE ANY APPROPRIATION FOR PAYMENT OF ANY FINANCING COST, INCLUDING THE PRINCIPAL AND INTEREST ON TRANSITION BONDS.
40-616.
- 40 - H.B.
2679 40-616.
Effect of invalidity on actions IF ALL OR ANY PART OF THIS CHAPTER IS INVALIDATED, SUPERSEDED, REPLACED, REPEALED OR EXPIRES FOR ANY REASON, THAT OCCURRENCE DOES NOT - 39 - H.B.
Effect of invalidity on actions IF ALL OR ANY PART OF THIS CHAPTER IS INVALIDATED, SUPERSEDED, REPLACED, REPEALED OR EXPIRES FOR ANY REASON, THAT OCCURRENCE DOES NOT AFFECT THE VALIDITY OF ANY PRIOR ACTION ALLOWED UNDER THIS CHAPTER, WHETHER TAKEN BY THE COMMISSION, A PUBLIC SERVICE CORPORATION, A QUALIFIED SPECIAL PURPOSE ENTITY OR ANY OTHER PERSON, AND DOES NOT AFFECT TRANSITION BONDS THAT WERE ALREADY ISSUED OR TRANSITION PROPERTY THAT WAS ALREADY CREATED.
2679 AFFECT THE VALIDITY OF ANY PRIOR ACTION ALLOWED UNDER THIS CHAPTER, WHETHER TAKEN BY THE COMMISSION, A PUBLIC SERVICE CORPORATION, A QUALIFIED SPECIAL PURPOSE ENTITY OR ANY OTHER PERSON, AND DOES NOT AFFECT TRANSITION BONDS THAT WERE ALREADY ISSUED OR TRANSITION PROPERTY THAT WAS ALREADY CREATED.
or 3.
or - 41 - H.B.
2679 3.
- 40 - H.B.
6.
2679 6.
13.
- 42 - H.B.
2679 13.
- 41 -
APPROVED BY THE GOVERNOR MAY 13, 2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 13, 2025.
- 43 -
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Action History

  1. Signed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. DPA

  8. DP

  9. Senate Second Reading

  10. Senate First Reading

  11. Transmit to Senate

  12. PASSED

  13. DPA

  14. House Placed on Consent Calendar

  15. DP

  16. House Second Reading

  17. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 52 co-sponsors · 40 not signed on · 25 voted No

Sponsors (1)

Co-sponsors (52)

Not signed on (40)

40 members have not signed on to this bill.

Show all 40 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 43 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 101502
Republican 33000
Total 431502
% of votes cast 72%25%0%3%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Yea
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Yea
Elda Luna-Nájera Democrat Yea
Janeen Connolly Democrat Yea
Junelle Cavero Democrat Nay
Kevin Volk Democrat Yea
Lorena Austin Democrat Nay
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Not Voting
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Yea
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Not Voting
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Passed

Passed 17 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 01102
Republican 17000
Total 171102
% of votes cast 57%37%0%7%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Not Voting
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Diaz Democrat Nay
Flavio Bravo Democrat Nay
Kiana Sears Democrat Nay
Lauren Kuby Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Not Voting
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Passed

Passed 35 Yea · 21 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 42102
Republican 31002
Total 352104
% of votes cast 58%35%0%7%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Nay
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Elda Luna-Nájera Democrat Yea
Janeen Connolly Democrat Yea
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Not Voting
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Not Voting
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Not Voting
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Not Voting
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 2679?
HB 2679 is sponsored by Alma Hernandez (Democrat), Carine Werner (Republican), Thomas "T.J." Shope (Republican), Janae Shamp (Republican), Kevin Payne (Republican), Catherine Miranda (Democrat), Venden "Vince" Leach (Republican), John Kavanagh (Republican), David Gowan (Republican), Brian Fernandez (Democrat), Timothy "Tim" Dunn (Republican), Frank Carroll (Republican), Flavio Bravo (Democrat), Shawnna Bolick (Republican), Hildy Angius (Republican), Justin Wilmeth (Republican), Julie Willoughby (Republican), Jeff Weninger (Republican), Michael Way (Republican), Kevin Volk (Democrat), Myron Tsosie (Democrat), James Taylor (Republican), Tony Rivero (Republican), Khyl Powell (Republican), Beverly Pingerelli (Republican), Michele Peña (Republican), Quang H Nguyen (Republican), Steve Montenegro (Republican), Teresa Martinez (Republican), Chris Lopez (Republican), David Livingston (Republican), Nick Kupper (Republican), Alexander Kolodin (Republican), Rachel Keshel (Republican), Lydia Hernandez (Democrat), Consuelo Hernandez (Democrat), Laurin Hendrix (Republican), Ralph Heap (Republican), Matt Gress (Republican), John Gillette (Republican), Lisa Fink (Republican), Lupe Diaz (Republican), Janeen Connolly (Democrat), Pamela Carter (Republican), Neal Carter (Republican), Michael Carbone (Republican), Selina Bliss (Republican), Seth Blattman (Democrat), Walt Blackman (Republican), Leo Biasiucci (Republican), Gail Griffin (Republican), Joseph Chaplik (Republican), and David Marshall, Sr. (Republican).
What is the current status of HB 2679?
This bill has been enacted into law. Introduced January 29, 2025. Enacted.
Where can I track HB 2679?
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