Arizona Laws 40-209. Franchises; electric generation suppliers; limitations
Regulation of electricity suppliers providing electric generation service is a matter of statewide concern. Cities, including charter cities, towns and counties shall not require franchises for electricity suppliers to provide electric generation service within its jurisdiction and shall not impose rents, charges or taxes on the use of public streets, roads and alleys on electricity suppliers for the provision of electric generation service within its jurisdiction, except that a fee equal to the franchise fee of the electric distribution utility may be charged to the electricity supplier on any portion of a retail electricity sale not otherwise subject to a franchise fee made using electric distribution facilities in service territories that are franchised as of the effective date of this section. Nothing in this subsection affects the authority of cities, including charter cities, towns and counties to require franchises for electricity suppliers providing electric distribution service within their jurisdiction.
Terms Used In Arizona Laws 40-209
- Electric distribution facilities: means all property used in connection with the distribution of electricity from an electric generating plant to retail electric customers except electric transmission facilities. See Arizona Laws 40-201
- Electric distribution service: means the distribution of electricity to retail electric customers through the use of electric distribution facilities. See Arizona Laws 40-201
- Electric distribution utility: means a public service corporation or public power entity that operates, controls or maintains electric distribution facilities. See Arizona Laws 40-201
- Electric generation service: means the provision of electricity for sale to retail electric customers but does not include electric distribution or transmission services and generation that are necessary for the reliable operation of the electric distribution or transmission system. See Arizona Laws 40-201
- Electricity supplier: means a person, whether acting in a principal, agent or other capacity, that is a public service corporation that offers to sell electricity to a retail electric customer in this state. See Arizona Laws 40-201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.