By Phil Riske
Managing Editor, Rose Law Group Reporter
A second bill to strip the Arizona Corporation Commission’s (ACC) power to set renewable energy standards will not be heard this session.
Rep. Carl Seel, an unsuccessful candidate for the commission in the 2004 Republican primary against Kris Mayes, prefiled a bill this year (H2381) that would give the Legislature “the exclusive power, authority and jurisdiction to set statewide renewable energy policy,” but there are no more committee hearings in the House, other than Appropriations.
Solar industry and GOP leadership backlash against a bill (H2701) proposed by Rep. Debbie Lesko forced her to withdraw the measure, which would have stripped

ACC's Kris Mayes (left) and Rep. Lucy Mason discuss energy matters
the ACC of its ability to establish Arizona’s renewable energy portfolio and permitted the Legislature to count nuclear energy in the portfolio.
The commission passed its Renewable Energy Standard Tariff (REST) in 2006, which sets a target for utilities to source 15 percent of their energy from renewable sources by 2025.
In response to Lesko’s bill, Governor Jan Brewer and Speaker Kirk Adams let it be known Arizona intends to be a solar power among the states.
”About 87 percent of Arizona voters had given their stamp of approval to renewable power during a poll conducted by the commission to seek public opinion on the energy standard when it was still being proposed.
Seel’s bill was held by House Water and Energy Committee Chairman Lucy Mason.
“It was a bad bill,” she told Rose Law Group Reporter this morning.
Seel, who rounded up 15 fellow conservatives as cosponsors who say the state Constitution gives the Legislature authority over REST, says he doesn’t know if he will resubmit the bill next session.
“The issue here is still an alive one,” he told Rose Law Group Reporter this morning.
The Goldwater Institute lost a lawsuit after RES was made law, questioning the constitutionality of forcing electric utilities to meet certain levels of renewable energy in their portfolio or to levy a tariff through customer bills to help pay for it. The institute has not filed lawsuits regarding other commission-imposed tariffs.
The Arizona Supreme Court ruled for the commission and its right to regulate utilities “in the absence of any legislation” that would challenge that right.” Goldwater has appealed.
Seel bill
Seel’s bill said the state and its political subdivisions are prohibited from requiring a public power entity or a public service corporation to purchase or provide a specific percentage or amount of the total energy provided or sold from renewable energy sources, and the Legislature reserves that authority, with some exceptions.
Cosponsors: Rep. Antenori, Rep. Ash, Rep. Burges, Rep. Crump, Rep. Gowan, Rep. Kavanagh, Rep. Montenegro, Rep. Stevens, Rep. Jim Weiers, Rep. Jerry Weiers, Sen. S. Allen, Sen. Gould, Sen. Harper, Sen. Melvin, Sen. Pearce
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 30, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
RENEWABLE ENERGY
ARTICLE 1. GENERAL PROVISIONS
30-901. Renewable energy; prohibition; consumer choice; definitions
A. THIS STATE AND ITS POLITICAL SUBDIVISIONS ARE PROHIBITED FROM REQUIRING A PUBLIC POWER ENTITY OR A PUBLIC SERVICE CORPORATION TO PURCHASE OR PROVIDE A SPECIFIC PERCENTAGE OR AMOUNT OF THE TOTAL ENERGY PROVIDED OR SOLD BY THE PUBLIC POWER ENTITY OR PUBLIC SERVICE CORPORATION FROM RENEWABLE ENERGY SOURCES.
B. EVERY RETAIL UTILITY CUSTOMER HAS THE RIGHT TO CHOOSE WHETHER THE CUSTOMER RECEIVES AND PAYS FOR ENERGY GENERATED THROUGH A RENEWABLE ENERGY SOURCE.
C. FOR THE PURPOSES OF THIS SECTION:
1. ”PUBLIC POWER ENTITY” MEANS ANY MUNICIPAL CORPORATION, CITY, TOWN OR OTHER POLITICAL SUBDIVISION THAT IS ORGANIZED UNDER LAW, THAT DISTRIBUTES OR OTHERWISE PROVIDES ELECTRICITY TO RETAIL CUSTOMERS IN THIS STATE AND THAT IS NOT A PUBLIC SERVICE CORPORATION.
2. ”RENEWABLE ENERGY” INCLUDES THE PRODUCTION AND DISTRIBUTION OF SOLAR, WIND, BIOMASS, GEOTHERMAL, NUCLEAR, AGRICULTURAL WASTE, LANDFILL GAS AND HYDROELECTRIC POWER.
Sec. 2. Title 41, chapter 7, Arizona Revised Statutes, is amended by adding article 14, to read:
ARTICLE 14. RENEWABLE ENERGY
41-1295. Legislative authority; renewable energy; definition
A. THE LEGISLATURE RESERVES THE EXCLUSIVE POWER, AUTHORITY AND JURISDICTION TO SET FORTH STATEWIDE RENEWABLE ENERGY POLICY, EXCEPT:
1. IF THE LEGISLATURE HAS EXPRESSLY DELEGATED AUTHORITY TO OTHER AGENCIES, DEPARTMENTS OR POLITICAL SUBDIVISIONS OF THIS STATE TO ADMINISTER CLEARLY ARTICULATED STATEWIDE LEGISLATIVE POLICY.
2. UTILITY RATE SETTING TO THE EXTENT DELEGATED BY THE STATE CONSTITUTION TO OTHER AGENCIES, DEPARTMENTS OR POLITICAL SUBDIVISIONS OF THIS STATE.
B. THIS SECTION DOES NOT SUPERSEDE ANY EXISTING AUTHORITY OF POLITICAL SUBDIVISIONS OF THIS STATE TO ADOPT AND ENFORCE LOCAL RENEWABLE ENERGY POLICY THAT DOES NOT CONFLICT WITH STATEWIDE RENEWABLE ENERGY POLICY SET BY THE LEGISLATURE.
C. FOR THE PURPOSES OF THIS SECTION, “RENEWABLE ENERGY POLICY” INCLUDES TARGETS, MANDATES, TAX CREDITS AND INCENTIVES RELATING TO AND THE REGULATION OF THE PRODUCTION AND DISTRIBUTION OF SOLAR, WIND, BIOMASS, GEOTHERMAL, NUCLEAR, AGRICULTURAL WASTE, LANDFILL GAS AND HYDROELECTRIC POWER.