Saturday, February 20, 2016

Sun City Representative Proposal Would Make Consolidation Illegal

UPDATE 2/27: The bill is dead in committee and won't come back up this legislative session (unless something really remarkable happens).  Thank you for your support.  We will keep our eye on it.

Can't wait for the upcoming EPCOR rate case?  Apparently, neither can Sun City.

One of Sun City's representatives in the Arizona Legislature, Mr. Rivero, has sponsored a bill that would make consolidation of non-contiguous water or wastewater systems illegal.  This is an obvious attempt to short-circuit the ACC's authority before the rate case even begins.

We Need Your Help.

Two of the members of the Agriculture Water and Lands Committee in the AZ Legislature, where the bill currently sits, are our district representatives: Mr Mitchell and Mr Montenegro.  Please consider helping us stop this bill while it is still in committee by mailing or emailing the text of the letter below (or, you can always write your own).

You can submit these letters to your representatives at the addresses and email addresses below:

Representative Darrin Mitchell
1700 W Washington St, Room 313
Phoenix, AZ 85007
email:  Send an Email

Representative Steven Montenegro
1700 W Washington St, Room 208
Phoenix, AZ 85007
email: Send an Email

Suggested Text:

I am a constituent of yours in District 13 and an EPCOR water and wastewater customer.  I am strongly opposed to HB 2675, amending section 40-334, Arizona Revised Statutes, as it relates to the Arizona Corporation Commission. Representative Rivero introduced this amendment; it is now in the Agriculture, Water, and Lands Committee.

In the fall of 2014, our community participated in a rate case before the ACC resulting in a settlement between EPCOR and its ratepayers, reducing my astronomical wastewater rate from a potential $121.00 per month to a merely outrageous $71.00 a month.  In their decision, the Commissioners agreed this temporary settlement was just the beginning; the decision on consolidation should still be addressed, but with current data from all of EPCOR’s districts.

The proposed amendment is entirely self-serving for Representative Rivero’s constituents in Sun City.  They receive the same services from the same provider under the same conditions as we do in the Agua Fria wastewater district, but at a fraction of our rates.  Naturally, they are trying to preserve those low rates by any means possible.  It is worth noting that this bill, as proposed, would make the existing Agua Fria district illegal, as it is already non-contiguous.

This bill would also, in our view, contradict the Arizona State Constitution, article 15, section 12, which states, “All charges made for service rendered, or to be rendered, by public service corporations within this state shall be just and reasonable, and no discrimination in charges, service, or facilities shall be made between persons or places for rendering a like and contemporaneous service….” By forcing utility providers to district based on facility support, you would, in effect, make “place” the primary element for determining charges.

Most importantly, the passage of such an amendment would have far-reaching effects on small communities throughout Arizona, who have nothing to do with EPCOR, and who rely on the option consolidation with other districts, contiguous or not, to allow them to meet their financial and regulatory obligations for water supply, maintenance, and replacement of infrastructure. This amendment would put them in violation of the law and could place their water service in very real jeopardy.

This amendment should never come out of the AWL committee.  Please allow the ACC decision regarding the upcoming EPCOR rate case to run its course.

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