Overview of Arizona Attorney General's Office Statutory Authority
The Arizona Attorney General's Office, represented by Dena Benjamin in March 2021, holds broad statutory authority subject to specific regulations and oversight. The office must adhere to various laws and regulations, file annual budgets, conduct audits, and comply with legal requirements in its operations. It also has the power to sue and be sued, make contracts, and handle property matters. The office's organizational structure and procedures are determined internally, and its assets are considered public property.
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Presentation Transcript
Arizona Attorney Generals Office Dena Benjamin March 2021 1
The APA is working on its 2021 Strategic Plan. This presentation is meant to provide a foundational understanding of the APA s statutory authority. It is not a comprehensive analysis. This presentation solely reflects the views of the presenter and is not to be construed as the opinion of the Arizona Attorney General. 2
The APA enjoys broad statutory authority in many areas but [s]tate institutions such as the A.P.A. have only such powers as may be prescribed by law . Ariz. Atty. Gen. Op. I89-104(1989). 3
Subject to Auditor General oversight and sunset laws. Must file annual budgets with the Governor and ADOA, and conduct an annual audit. Must comply with public records, open meetings, conflict of interest, and state personnel laws. Attorney General representation (with ability to independently hire outside counsel in federal proceedings). Competition with private enterprise prohibited. A.R.S. 41-2752. 4
APA is a body corporate and politic and shall have an official seal. APA may sue and be sued in it official corporate name. APA may make contracts. APA may hold, use, handle, enjoy, lease, sell, pledge or otherwise dispose of any and all real and personal property. APA shall have all the rights appertaining or belonging to general bodies corporate except as limited, modified or otherwise provided by this chapter. 5
All electric energy or power coming under authority jurisdiction and all property acquired by it shall be public property, and as such shall have the tax exemptions, rights and privileges granted to operating units. If the authority ceases to exist, all its assets remaining after its obligations and liabilities have been satisfied or discharged shall be ceded and surrendered to the state. 6
The authority shall determine its organizational structure and methods of procedure provisions of this chapter, and may adopt, amend or rescind the routine and general rules, regulations and forms and prescribe a system of accounts. Subject to title 41, chapter 4, article 4, the authority may employ engineering, accounting, skilled and other assistants, define their duties and provide the conditions of employment. shall determine its organizational structure and methods of procedure in accordance with the 7
The authority shall have the following powers and duties formerly vested in and imposed upon the Colorado river commission 1. Gathering of data regarding projects for the development and use in the state of power from the waters of the Colorado river. 2. Discovery of potential users of power and encouragement of feasible enterprises looking to the utilization of Colorado river power. 3. Any other rights, powers and duties of the Colorado river commission pertaining to the development and sale of power. Colorado river commission: 8
The legislature declares and finds: 1. That the development of an adequate supply of water industrial and fish and wildlife uses within the state of Arizona is vital health and prosperity of the people of the state. development of an adequate supply of water for agriculture, municipal, is vital for the well being, 2. That the state's right and obligation to receive two million eight hundred thousand acre feet of main stream Colorado river water States supreme court in Arizona v. California , it is essential health and prosperity of the people of the state that the state proceed promptly to establish, develop and execute an appropriate program for the development and utilization of such water the state's right and obligation to receive two million eight hundred thousand acre feet of main stream Colorado river water annually having been confirmed by the United essential to the continued well-being, the state proceed promptly to establish, develop and execute an appropriate program for the development and utilization of such water. 3. That the development of the state's the effectuation of such program development of the state's power resources the effectuation of such program, including the financing thereof. power resources is an essential and integral part of is an essential and integral part of 4. That such power resources and the use of the energy therefrom order to provide effective support for and implementation of the state's water program to promote the general welfare, health, safety and prosperity of the people of the state. power resources and the use of the energy therefrom must be developed in order to provide effective support for and implementation of the state's water program and must be developed in 9
The authority shall bargain for, take and receive, in its own name on behalf of the state, electric power developed from the waters of the main stream of the Colorado river by the state or the United States or any agencies thereof which may be made available, allotted or allocated to the state in its sovereign capacity. For the purpose of making such power available to marketing areas of the state, the authority may sell at wholesale, transmit and deliver such electric power to qualified purchasers 10
The authority may enter into and carry out contracts for the sale and transmission of power from power projects included in the state water and power plan. 11
Electric power shall be disposed of in an equable manner to render the greatest public service and at levels calculated to encourage the widest practical use of electric energy widest practical use of electric energy. The legislature continues the APA to bargain for, take and receive electrical or other forms of energy and make these forms of energy available for the benefit of the state Bill 1060 2 ( Purpose ), 52nd Legislature, Second Regular Session (2016). make these forms of energy available for the benefit of the state. Senate 12
The authority may acquire or construct and operate electric transmission systems, standby or auxiliary plants and facilities and generate, produce, sell at wholesale, transmit and deliver such electric power to qualified purchasers... BUT: The authority shall not by definitive contract or agreement obligate or bind itself to take or purchase power from any source until it has previously or simultaneously procured purchasers therefor. BUT: 13
No project, transmission system, work or facility shall be constructed due consideration and investigation, it is determined by the authority to be feasible and economically sound that the project or facility will be self liquidated within a reasonable period of useful life as determined by the authority and until definite contracts or agreements are executed No project, transmission system, work or facility shall be constructed or otherwise acquired, unless and until after feasible and economically sound, and the project or facility will be self- -financing financing and will be definite contracts or agreements are executed as provided by section 30-121. 14
When the authority finds other financing methods or procedure inadvisable, inadequate or insufficient to acquire or construct transmission lines, projects, works or facilities, it may independently or in conjunction with any other optional or alternative plans provided in this chapter issue bonds it may independently or in conjunction with any other optional or alternative plans provided in this chapter issue bonds as provided by this article. Bonding authority also provided in State water and power plan, A.R.S. 45-1707. 15
The authority may exercise the privilege and right of eminent domain and may condemn private property for public use persons or operating units. Any property condemned, taken or appropriated under the provisions of this chapter is declared to be taken, condemned or appropriated for a public use. condemn private property for public use in the same manner and to the same extent as Eminent domain authority also provided in State water and power plan, A.R.S. 45-1706. 16
State water and power plan (A.R.S. 45-1703(A)) includes: Montezuma pumped storage power project The authority s interest in or rights to capacity and any associated energy of the Hoover power plant modifications The authority s interest in or rights to capacity and any associated energy of the Hoover power plant uprating project The financing or refinancing of this state s proportionate share of the costs incurred by the United States with respect to the Hoover visitor facilities Montezuma pumped storage power project Hoover power plant modifications project Hoover power plant uprating project Hoover visitor facilities Bridge Canyon dam site Bridge Canyon dam site, A.R.S. 30-123.01 17
The state water and power plan may also include such further water and power projects, either in addition to or in substitution of the projects set forth above, or any portion thereof, as the Arizona legislature may from time to may also include such further water and power projects, either in addition to or in substitution of the projects set forth above, or any portion thereof, as the Arizona legislature may from time to time authorize time authorize. A.R.S. 45-1703(B). AND AND The authority may plan, acquire, construct, operate and maintain project included in the state water and power plan, or any portion of any such project, and any other power projects hereafter included in the state water and power plan state and take such actions and proceedings as may be necessary or desirable in connection therewith. A.R.S. 45-1704(A). authority may plan, acquire, construct, operate and maintain any power any other power projects hereafter included in the state water and power plan, acquire all real property required therefor in the name of the 18
The authority may [p]romote, foster and encourage the use, development, protection and conservation of water and power. 19
The former Colorado River commissions powers, now vested in the APA, include: Gathering of data regarding projects for the development and use in the state of power from the waters of the Colorado river. Discovery of potential users of power and encouragement of feasible enterprises looking to the utilization of Colorado river power. 20
The authority shall formulate plans and development programs for the practical, equable and economical utilization of electric power placed under its supervision and control electric power placed under its supervision and control. A.R.S. 30-123(A). The authority shall encourage activities deemed by it to be feasible for the production of electric power or energy from solar energy, nuclear energy or geothermal energy may bargain for, take and receive such energy or the electrical power generated therefrom in its own name on behalf of the state. A.R.S. 30-121(B). solar energy, nuclear energy or geothermal energy, and 21
The authority shall cooperate with the state land department and the director of water resources functions of the department and the director relating to this chapter. A.R.S. 30-104. state land department director of water resources in the duties and The (DWR) director and the authority shall consult with each other and with appropriate state officials their activities so that the development of the state water and power plan shall proceed with all reasonable dispatch and efficiency. A.R.S. 45-1704(A). (DWR) director and the authority shall consult with each other and with appropriate state officials and shall coordinate 22
The authority, in the acquisition, construction or operation of electrical transmission systems and other related facilities, shall as far as the best interests of the state permit and as far as consistent with the purposes and policies of this chapter, cooperate with for use, interconnection or utilization of any suitable transmission lines or other facilities for distribution and operating purposes. cooperate with - established and existing organizations - with the department of interior of the United States - any other federal agency or department established and existing organizations and department of interior of the United States or any other federal agency or department 23
The authority (and DWR director) may cooperate with the - appropriate agencies or officials of the federal government and of purposes of this article shall be realized. appropriate agencies or officials of the federal government and of - - the state and - - political subdivisions of the state the state and political subdivisions of the state to the end that the This article is the State water and power plan. 24
A. Any person or operating unit, or combination thereof, may petition the authority privileges in making any project or proposed project survey or investigation, or for authorized assistance in the inauguration or completion of any works or projects authorized by this chapter. petition the authority for the exercise of its powers and B. Upon filing the petition, the authority may conduct hearings and conduct investigations deemed necessary and advisable thereafter take action as it deems appropriate in the premises and within its sphere of cooperative action the authority may conduct hearings and conduct investigations deemed necessary and advisable, and sphere of cooperative action.... 25
The APA has broad authority to contract for and sell power and to engage in a number of activities to promote the development of power resources. Whether the APA wishes to take on any particular project or activity will likely depend on the specific facts and will ultimately fall within the judgment and discretion of the Commission. 26
