Bill
Number: S.B. 1222
Fann
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Declares the regulation
of a utility provider’s authority to operate and serve customers a matter of
statewide concern that is not subject to further municipal or county
regulation.
2. Allows the regulation
of building permits solely in accordance with the requirements that building
permits may not be denied for the utility provider proposed to provide service
to the project and that the issuing municipality or county ensure applicable
permits and associated fees that do not exceed those for other utility
providers and do not restrict the ability to use the services of an authorized
utility provider.
3. Specifies that this
legislation does not prohibit the recovery of reasonable costs associated with
reviewing and issuing a building permit or affect the municipality or county’s
authority to manage or operate an owned utility.
4. Applies the specification
that a municipality or county may exercise police powers to review and approve
a building permit application to only permits to perform work in the public
highways or to enforce associated permit conditions.
5. Defines utility
service as water, wastewater, natural gas, including propane gas, or
electric service provided to an end user.
6. Makes technical and
conforming changes.
Page
1, line 4, after the third semicolon insert "state
preemption;"
Line 5,
strike "definition" insert "limitation; definitions"
Between
lines 14 and 15, insert:
"B. The regulation of a utility provider's authority to
operate and serve customers is a matter of statewide concern. The
regulation of building permits as it relates to a building permit applicant's
ability to use a utility provider that is capable and authorized to provide
utility service is allowed solely in accordance with subsections C and D of
this section. A building permit applicant's ability to use a utility provider
that is capable and authorized to provide utility service is not subject to
further regulation by a municipality."
Reletter to
conform
Line 17,
strike "serve" insert "provide
utility service to"
Line 19,
after the first "and" insert "associated"; after "fees"
insert "assessed on a building permit applicant"
Line 22,
after "is" insert "capable
and"; after "provide" insert "utility"
Between
lines 37 and 38, insert:
"G. This section does not prohibit a municipality from
recovering reasonable costs associated with reviewing and issuing a building
permit.
H. this
section does not affect any authority of a municipality to manage or operate a
municipally owned utility."
Reletter to
conform
Line 38,
strike the comma insert ":
1."
Page
1, between lines 40 and 41, insert:
"2. "Utility service" means water, wastewater,
natural gas, including propane gas, or electric service provided to an end
user."
Line 43,
after "9‑810." insert "State preemption;"; after "prohibition"
insert "; limitation; definition"
Between
lines 43 and 44, insert:
"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."
Reletter to
conform
Page 2,
lines 1 and 2, strike "shall preserve" insert
"may not prohibit or have the effect of restricting"
Line 3,
after "is" insert "capable
and"; after "provide" insert "utility"; after "service"
insert "at a person's or entity's property"
Line 10,
after "permit" insert "to
perform work in the public highways or to enforce associated permit conditions"
Between
lines 10 and 11, insert:
"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."
Line 13,
after the second semicolon insert "state preemption;"
Line 14,
after "owner" insert "; limitation; definition"
Between
lines 20 and 21, insert:
"B. The regulation of a utility provider's authority to
operate and serve customers is a matter of statewide concern. The
regulation of building permits as it relates to a building permit applicant's
ability to use a utility provider that is capable and authorized to provide
utility service is allowed solely in accordance with subsections c and d of
this section. A building permit applicant's ability to use a utility provider
that is capable and authorized to provide utility service is not subject to further
regulation by a county."
Reletter to
conform
Page 2, line
22, strike "serve" insert "provide
utility service to"
Line 24,
after the first "and" insert "associated"; after "fees"
insert "assessed on a building permit applicant"
Line 27,
after "is" insert "capable
and"; after "provide" insert "utility"
Page 3,
between lines 7 and 8, insert:
"I. This section does not prohibit a county from recovering
reasonable costs associated with reviewing and issuing a building permit.
J. this
section does not affect any authority of a county to manage or operate a
county-owned utility.
K. for
the purposes of this section, "utility service" means water,
wastewater, natural gas, including propane gas, or electric service provided to
an end user."
Line 10, after
"11‑867." insert "State preemption;" after "prohibition"
insert "; limitation; definition"
Between
lines 10 and 11, insert:
"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
county pursuant to this section."
Reletter to
conform
Line 13,
strike "shall preserve" insert "may not prohibit or have the effect of restricting"
Line 15,
after "is" insert "capable
and"; after "provide" insert "utility"; after "service"
insert "at a person's or entity's property"
Page 3, line
22, after "permit" insert "to
perform work in the public highways or to enforce associated permit conditions"
After line
22, insert:
"E. this section does not affect any authority of a county
to manage or operate a county-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."
Amend title to conform