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REFERENCE TITLE: water; wastewater system; county operation |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1307 |
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Introduced by Senator Shope
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AN ACT
amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.27; repealing section 11-269.27, Arizona Revised Statutes; relating to counties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.27, to read:
11-269.27. County acquisition, maintenance and operation of water and wastewater system
A. A county with a population of more than two hundred thousand persons and less than nine hundred thousand persons may acquire, maintain and operate a water and wastewater system if the public service corporation that owns the water and wastewater system meets either of the following:
1. Is operated by an interim manager pursuant to an order of the corporation commission.
2. within the three years immediately preceding the acquisition, was Operated by an interim manager pursuant to an order of the corporation commission.
B. The county may acquire the water and wastewater system by agreement with the public service corporation or by eminent domain and shall pay the public service corporation the fair valuation for the water and wastewater system. The fair valuation of the water and wastewater system shall be the equivalent of the compensation that would be paid pursuant to title 12, chapter 8, article 2, and the amount shall be determined by one of the following methods:
1. By an agreement between the county and the public service corporation.
2. By arbitrators chosen in a manner agreed on at the time by the county and the public service corporation.
3. By a court of competent jurisdiction that determines the compensation to be paid pursuant to title 12, chapter 8, article 2.
C. The county and the public service corporation have the right of appeal as provided by title 12, chapter 8, article 2.
D. The county that ACQUIRES a water and wastewater system pursuant to this section may perform all actions and functions prescribed by sections 48‑909, 48‑909.01 and 48-910 and may sell all or a portion of the water and wastewater system and facilities to another utility provider as prescribed by law. While the county owns, maintains or operates the water and wastewater system, the county may not discontinue utility service.
E. After the county acquires the water and wastewater system, the county may contract with a private entity to operate the water and wastewater system. A contract for the operation and MAINTENANCE of the water and wastewater system is exempt from the county's procurement code except that the county shall issue a public request for proposals as is reasonably practicable.
Sec. 2. Delayed repeal; notice
A. Section 11‑269.27, Arizona Revised Statutes, as added by this act, is repealed ____ months after a county acquires a water and wastewater system from a public service corporation or from and after December 31, 2026, whichever is earlier.
B. The county that acquires or attempts to acquire a water and wastewater system from a public service corporation pursuant to section 11‑269.27, Arizona Revised Statutes, as added by this act, shall notify the director of the Arizona legislative council in writing on or before January 15, 2027 that the county acquired or did not acquire the water and wastewater system from the public service corporation.