Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HOUSE BILL 2130

 

 

 

AN ACT

 

Repealing section 9‑500.36, Arizona Revised Statutes; amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding a new section 9‑500.36; repealing section 11‑269.14, Arizona Revised Statutes; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding a new section 11‑269.14; relating to energy usage reporting.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Repeal

Section 9-500.36, Arizona Revised Statutes, is repealed.

Sec. 2.  Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding a new section 9-500.36, to read:

START_STATUTE9-500.36.  Prohibition on requirement of energy measuring and reporting; state preemption

A.  A city or town may not require an owner, operator or tenant of a business, commercial building or multifamily housing property to measure and report energy usage and consumption, including energy consumption benchmarking and building facility energy efficiency audits.

B.  The regulation of an owner, operator or tenant of a business, commercial building or multifamily housing property relating to measuring and reporting energy usage and consumption is a matter of statewide concern.  The regulation of measuring and reporting energy usage and consumption by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section are not subject to further regulation by a city or town.

C.  This section does not prohibit a city or town that operates an electric or gas utility from metering or otherwise measuring and reading energy deliveries, usage and consumption in the course of providing public utility service to businesses, commercial buildings and multifamily housing properties.END_STATUTE

Sec. 3.  Repeal

Section 11-269.14, Arizona Revised Statutes, is repealed.

Sec. 4.  Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding a new section 11-269.14, to read:

START_STATUTE11-269.14.  Prohibition on requirement of energy measuring and reporting; state preemption

A.  A county may not require an owner, operator or tenant of a business, commercial building or multifamily housing property to measure and report energy usage and consumption, including energy consumption benchmarking and building facility energy efficiency audits.

B.  The regulation of an owner, operator or tenant of a business, commercial building or multifamily housing property relating to measuring and reporting energy usage and consumption is a matter of statewide concern.  The regulation of measuring and reporting energy usage and consumption by an owner, operator or tenant of a business, commercial building or multifamily housing property pursuant to this section are not subject to further regulation by a county.

C.  This section does not prohibit a county that operates an electric or gas utility from metering or otherwise measuring and reading energy deliveries, usage and consumption in the course of providing public utility service to businesses, commercial buildings and multifamily housing properties. END_STATUTE

Sec. 5.  Legislative findings

The legislature finds that small businesses are particularly sensitive to costs and expenses incurred in complying with regulatory actions of a city, town or county.  The legislature further finds that inconsistent regulation by cities, towns and counties hinders a small business from benefiting from free and open competition.