Arizona Laws 9-810. State preemption; utilities; restrictions; prohibition; limitation; definition
A. The regulation of a utility provider’s authority to operate and serve 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.
Terms Used In Arizona Laws 9-810
- Code: means a published compilation of rules or regulations prepared by a technical trade association and includes any building code, electrical wiring code, health or sanitation code, fire prevention code, wildland-urban interface code, inflammable liquids code, code for slaughtering, processing and selling meat and meat products or for production, pasteurizing and sale of milk and milk products, or other code that embraces rules and regulations pertinent to a subject that is a proper subject of municipal legislation. See Arizona Laws 9-801
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Municipality: means a city or town organized in accordance with law, including a home rule or charter city. See Arizona Laws 9-801
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
B. Any code, ordinance, land use regulation or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a municipality may not prohibit or have the effect of restricting a person’s or entity’s ability to use the services of a utility provider that is capable and authorized to provide utility service at a person’s or entity’s property.
C. A municipality may not impose a fine, penalty or other requirement that has the effect of restricting a utility provider’s authority to operate or serve customers.
D. This section does not affect any authority of a municipality to manage the public highways within the municipality’s boundaries or to exercise the municipality’s police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions.
E. This section does not affect any authority of a municipality to manage or operate a municipally owned utility.
F. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.