ACC bill has constitutional issues, legislative memo says

page53_Lesko_Debbie.JPG?v=1A review of a bill that would seek to regulate energy policy set by the Arizona Corporation Commission would violate the state’s constitutional powers, according a to a review by the Arizona Legislative Council.

House Bill 2789 would violate the state constitution and case precedents that have set up the ACC’s power to establish policy that falls under its protected ratemaking authority.

The review mirrors one conducted by ACC legal staff.

The bill, sponsored by Rep. Debbie Lesko, R-Peoria, and backed by the Goldwater Institute, seeks to require any energy policy decision by the commission, such as changes to its renewable energy or energy efficiency standards, require approval of a majority of legislators and the governor’s signature before being implemented…

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