40-360. Definitions In this article, unless the context otherwise requires: 1. " Area of jurisdiction" means the state, a county or an incorporated city or town which exercises concurrent or exclusive jurisdiction over a geographical area. 2. " Certificate of environmental compatibility" means the certificate required by this article which evidences the approval by the […]
40-360.01. Organization and membership of the committee A. The commission shall establish a power plant and transmission line siting committee of Arizona. B. The committee shall consist of the following members: 1. State attorney general or the attorney general’s designee. 2. Director of environmental quality or the director’s designee. 3. Director of water resources or […]
40-360.02. Plans; filing; failure to comply; classification A. Every person contemplating construction of any transmission line within the state during any ten year period shall file a ten year plan with the commission on or before January 31 of each year. B. Every person contemplating construction of any plant within the state shall file a […]
40-360.03. Applications prior to construction of facilities Every utility planning to construct a plant, transmission line or both in this state shall first file with the commission an application for a certificate of environmental compatibility. The application shall be in a form prescribed by the commission and shall be accompanied by information with respect to […]
40-360.04. Hearings; procedures A. The chairman of the committee shall, within ten days after receiving an application, provide public notice as to the time and place of a hearing on the application and provide notice by certified mail to the affected areas of jurisdiction at least twenty days prior to a scheduled hearing. If the […]
40-360.05. Parties to certification proceedings A. The parties to a certification proceeding shall include: 1. The applicant. 2. Each county and municipal government and state agency interested in the proposed site that has filed with the chairman of the committee, not less than ten days before the date set for the hearing, a notice of […]
40-360.06. Factors to be considered in issuing a certificate of environmental compatibility A. The committee may approve or deny an application and may impose reasonable conditions on the issuance of a certificate of environmental compatibility and in so doing shall consider the following factors as a basis for its action with respect to the suitability […]
40-360.07. Compliance by utility; commission order A. No utility may construct a plant or transmission line within this state until it has received a certificate of environmental compatibility from the committee with respect to the proposed site, affirmed and approved by an order of the commission which shall be issued not less than thirty days […]
40-360.08. Transfer of certificate; compliance by committee; commission and review panel; authorization to construct A. Subject to such limitations and conditions as may otherwise be prescribed by law, a certificate may be transferred to any electric company or electric utility agreeing to comply with the terms, limitations and conditions contained therein. B. If the committee […]
40-360.09. Filing fees; utility siting fund The fee to be paid for each application is as follows and shall be paid to the committee for deposit, pursuant to sections 35-146 and 35-147, in a special fund to be known as the utility siting fund: 1. For a new proposed plant site and associated transmission line […]
40-360.10. Expenditure of funds The commission, upon receipt of a detailed accounting of the committee’s expenses, shall approve and pay the following: 1. The cost of reporting and transcribing any application hearing, the compensation of the hearing officer at the rate of two hundred dollars for each day and his reimbursable expenses. 2. Actual and […]
40-360.11. Jurisdiction of courts Subject to the rights to judicial review recognized in sections 40-254 and 40-360.07, no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was or could have been determined in a proceeding before the committee or the commission under this article or […]
40-360.12. Jurisdiction of the commission Except as specifically provided for in this article nothing in this article shall confer upon the commission the power or jurisdiction to regulate or supervise any person, that is not otherwise a public service corporation regulated and supervised by the commission. Nothing contained in this article shall confer upon the […]
40-360.13. Certificate of environmental compatability; availability of groundwater and impact on groundwater management plan For facilities subject to the requirements of this article within the service area of a city or town in an active management area, as such terms are used and defined in title 45, chapter 2, the power plant and transmission line […]
