| 51 | 46 | | |
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| 52 | 47 | | |
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| 53 | 48 | | |
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| 54 | 49 | | An Act |
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| 55 | 50 | | |
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| 56 | 51 | | |
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| 57 | 52 | | |
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| 58 | 53 | | amending sections 30-101, 30-108, 30-121 and 30-123, Arizona Revised Statutes; relating to the Arizona power authority. |
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| 59 | 54 | | |
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| 60 | 55 | | |
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| 61 | 56 | | |
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| 62 | 57 | | |
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| 63 | 58 | | |
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| 64 | 59 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 65 | 60 | | |
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| 66 | 61 | | |
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| 67 | 62 | | |
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| 68 | 63 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 30-101, Arizona Revised Statutes, is amended to read: START_STATUTE30-101. Definitions In this chapter, unless the context otherwise requires: 1. "Authority" means the Arizona power authority. 2. "Commission" means Arizona power authority commission. 3. "Commodity" or "commodities" means electric power or energy. 4. "District" or "power or water agency" means power organizations comprehended in this title or water organizations comprehended in title 45, or both. 5. "Operating units" means districts, state agencies, federal Indian agencies, cities and towns. 6. "Person" means and includes natural persons engaged in the distribution of electric power, mutual and cooperative concerns or organizations by whatever name called, corporations, firms, business trusts and partnerships. 7. "Power" means electric power or electric energy, or both. 8. "Project" or "work" or "works" means each and every facility necessary or convenient for producing, storing, generating, firming or transmitting power, and all rights of way rights-of-way, lands or interests in land, the use or occupancy of which are necessary or appropriate in the maintenance and operation of all such facilities. 9. "Qualified distributors" means persons and operating units. 10. "Qualified purchasers" means persons and operating units privileged under this chapter to purchase power developed on the main stream of the Colorado river. 11. "Retail" means sales to others than persons or operating units. 12. "State" means the this state of Arizona. 13. "Transmission lines or systems" means each and every facility necessary or convenient for receiving electric energy from production or transmission systems and transmitting it to wholesale customers. 14. "Wholesale" means sales to qualified distributors of power. 15. "Zone" means an area within a fixed radius or distance from Hoover dam or other point of receipt or production. END_STATUTE Sec. 2. Section 30-108, Arizona Revised Statutes, is amended to read: START_STATUTE30-108. Powers and duties of commission; annual report A. The members of the commission shall devote to their duties as members such time and attention as is necessary to effectuate the purposes of this chapter and to carry out their duties and exercise their powers. The commission shall designate a person or persons who shall execute all documents and instruments on behalf of the authority. B. The commission shall acquire suitable offices, furnishings and articles of equipment and necessary supplies. C. Subject to title 41, chapter 4, article 4, the commission may employ a person in the capacity of director, manager or chief engineer. who The chief engineer shall be a duly licensed engineer, but who need not be a resident or licensed in this state. The person shall be actively engaged in the practice of the person's profession and trained and experienced in the performance of the person's duties. The person shall not hold any other public office or have any interest in a business that may be adversely affected by the operation of the authority in the exercise of the authority's powers and discharge of the authority's duties. D. The commission shall make and submit to the governor, the president of the senate, the speaker of the house of representatives, the chairman of the senate natural resources, energy and water committee and the chairman of the house of representatives energy, environment and natural resources committee, or their successor committees, on or before January 1 each year a report containing a full and complete account of the commission's transactions and proceedings for the preceding fiscal year, together with other facts, suggestions and recommendations deemed of public value.END_STATUTE Sec. 3. Section 30-121, Arizona Revised Statutes, is amended to read: START_STATUTE30-121. Acquisition and encouragement of development of electric power A. The authority shall bargain for, take and receive, in its own name on behalf of the this 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 by provisions of state or United States law, agreement or regulation may be made available, allotted or allocated to the this state in its sovereign capacity. B. The authority shall encourage activities deemed by it to be feasible for the production or storage of electric power or energy from solar energy, nuclear energy or geothermal energy, and may bargain for, take and receive such energy or the electrical power generated therefrom in its own name on behalf of the this state. C. For the purpose of making such power available to marketing areas of the this state, the authority may acquire or construct and operate electric transmission systems, standby or auxiliary plants and facilities and generate, store, produce, sell at wholesale, transmit and deliver such electric power to qualified purchasers, and if conducive to efficiency and convenience, may enter into agreements for interconnection or pooling with projects, plants, systems or facilities of other distributors of electric power. 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. D. All rights of persons and operating units under contracts existing on March 27, 1944, or any renewals thereof or supplements thereto, with the United States or any agency thereof, to power generated, or which that may be developed or generated, at Parker dam or at any other point below Hoover Dam on the main stream of the Colorado river are preserved, and such rights shall not be impaired or modified by any provisions or powers granted by this chapter. E. In addition to the power provided for under subsections A, B, C and D of this section, the authority may purchase, transmit or deliver for the this state, or any person or operating unit, power generated or produced from projects or works owned or operated by the United States or any agency thereof, or any state, person or operating unit, and for the purpose of delivering such power to available marketing areas the authority shall have the powers provided for by subsections A, B, C and D of this section. No A person or operating unit in the this state shall not become a purchaser of electrical power under this subsection unless a power purchase certificate is obtained as provided in article 3 of this chapter. END_STATUTE Sec. 4. Section 30-123, Arizona Revised Statutes, is amended to read: START_STATUTE30-123. Development programs for utilization of power; use of state property; right of eminent domain A. The authority shall formulate plans and development programs for the practical, equable and economical utilization of electric power placed under its supervision and control. The authority shall, subject to the provisions of this chapter, shall proceed to accomplish progressively and place the plans and programs in operation and effect. For such purpose the authority may exercise all or any of the powers and privileges granted by this chapter, singly or conjointly, severally independent or jointly with the United States or any department thereof, or with any person or operating unit, and may make application for, obtain, hold and use permits and licenses from the United States or any of its agencies for power sites, rights-of-way, rights and uses and other privileges. For such purpose the authority may make application, appropriations and filings under and in accordance with this chapter and chapter 1 of title 45, chapter 1 for power in the same manner as any other qualified person or operating unit, but without payment of fees or charges for filing any maps, plans or other data in connection therewith. B. The authority may use real property owned by the this state, not dedicated to public use, which that may be necessary as sites for any project, or facility or rights-of-way of the authority. When any lands or rights-of-way of the this state dedicated to public use are necessary for the construction, operation or maintenance of the projects or transmission systems, such lands or rights-of-way may be used therefor but in accordance with the terms and conditions of an agreement to be first entered into between the authority and the political subdivision or agency having jurisdiction over or control and management of the land or rights-of-way. C. The authority may acquire by lease, purchase or any other means, real property owned by the state or federal government and may dispose of such property by sale, lease or other means to persons engaged in projects deemed by the authority to be feasible for the production or storage of electric power or energy from solar, nuclear or geothermal energy, including projects for research and development in such fields. D. The authority may exercise the privilege and right of eminent domain and may condemn private property for public use in the same manner and to the same extent as 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. E. No A project, transmission system, work or facility shall not be constructed or otherwise acquired, unless and until after due consideration and investigation, it is determined by the authority to be feasible and economically sound, and that the project or facility will be self-financing and will be liquidated within a reasonable period of useful life as determined by the authority and until definite contracts or agreements are executed as provided by section 30-121. END_STATUTE |
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| 69 | 64 | | |
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| 70 | 65 | | Be it enacted by the Legislature of the State of Arizona: |
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| 71 | 66 | | |
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| 72 | 67 | | Section 1. Section 30-101, Arizona Revised Statutes, is amended to read: |
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| 73 | 68 | | |
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| 74 | 69 | | START_STATUTE30-101. Definitions |
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| 75 | 70 | | |
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| 76 | 71 | | In this chapter, unless the context otherwise requires: |
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| 77 | 72 | | |
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| 78 | 73 | | 1. "Authority" means the Arizona power authority. |
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| 79 | 74 | | |
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| 80 | 75 | | 2. "Commission" means Arizona power authority commission. |
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| 81 | 76 | | |
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| 82 | 77 | | 3. "Commodity" or "commodities" means electric power or energy. |
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| 83 | 78 | | |
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| 84 | 79 | | 4. "District" or "power or water agency" means power organizations comprehended in this title or water organizations comprehended in title 45, or both. |
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| 85 | 80 | | |
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| 86 | 81 | | 5. "Operating units" means districts, state agencies, federal Indian agencies, cities and towns. |
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| 87 | 82 | | |
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| 88 | 83 | | 6. "Person" means and includes natural persons engaged in the distribution of electric power, mutual and cooperative concerns or organizations by whatever name called, corporations, firms, business trusts and partnerships. |
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| 89 | 84 | | |
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| 90 | 85 | | 7. "Power" means electric power or electric energy, or both. |
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| 91 | 86 | | |
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| 92 | 87 | | 8. "Project" or "work" or "works" means each and every facility necessary or convenient for producing, storing, generating, firming or transmitting power, and all rights of way rights-of-way, lands or interests in land, the use or occupancy of which are necessary or appropriate in the maintenance and operation of all such facilities. |
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| 93 | 88 | | |
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| 94 | 89 | | 9. "Qualified distributors" means persons and operating units. |
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| 95 | 90 | | |
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| 96 | 91 | | 10. "Qualified purchasers" means persons and operating units privileged under this chapter to purchase power developed on the main stream of the Colorado river. |
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| 97 | 92 | | |
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| 98 | 93 | | 11. "Retail" means sales to others than persons or operating units. |
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| 99 | 94 | | |
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| 100 | 95 | | 12. "State" means the this state of Arizona. |
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| 101 | 96 | | |
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| 102 | 97 | | 13. "Transmission lines or systems" means each and every facility necessary or convenient for receiving electric energy from production or transmission systems and transmitting it to wholesale customers. |
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| 103 | 98 | | |
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| 104 | 99 | | 14. "Wholesale" means sales to qualified distributors of power. |
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| 105 | 100 | | |
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| 106 | 101 | | 15. "Zone" means an area within a fixed radius or distance from Hoover dam or other point of receipt or production. END_STATUTE |
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| 107 | 102 | | |
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| 108 | 103 | | Sec. 2. Section 30-108, Arizona Revised Statutes, is amended to read: |
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| 109 | 104 | | |
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| 110 | 105 | | START_STATUTE30-108. Powers and duties of commission; annual report |
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| 111 | 106 | | |
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| 112 | 107 | | A. The members of the commission shall devote to their duties as members such time and attention as is necessary to effectuate the purposes of this chapter and to carry out their duties and exercise their powers. The commission shall designate a person or persons who shall execute all documents and instruments on behalf of the authority. |
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| 113 | 108 | | |
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| 114 | 109 | | B. The commission shall acquire suitable offices, furnishings and articles of equipment and necessary supplies. |
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| 115 | 110 | | |
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| 116 | 111 | | C. Subject to title 41, chapter 4, article 4, the commission may employ a person in the capacity of director, manager or chief engineer. who The chief engineer shall be a duly licensed engineer, but who need not be a resident or licensed in this state. The person shall be actively engaged in the practice of the person's profession and trained and experienced in the performance of the person's duties. The person shall not hold any other public office or have any interest in a business that may be adversely affected by the operation of the authority in the exercise of the authority's powers and discharge of the authority's duties. |
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| 117 | 112 | | |
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| 118 | 113 | | D. The commission shall make and submit to the governor, the president of the senate, the speaker of the house of representatives, the chairman of the senate natural resources, energy and water committee and the chairman of the house of representatives energy, environment and natural resources committee, or their successor committees, on or before January 1 each year a report containing a full and complete account of the commission's transactions and proceedings for the preceding fiscal year, together with other facts, suggestions and recommendations deemed of public value.END_STATUTE |
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| 119 | 114 | | |
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| 120 | 115 | | Sec. 3. Section 30-121, Arizona Revised Statutes, is amended to read: |
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| 121 | 116 | | |
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| 122 | 117 | | START_STATUTE30-121. Acquisition and encouragement of development of electric power |
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| 123 | 118 | | |
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| 124 | 119 | | A. The authority shall bargain for, take and receive, in its own name on behalf of the this 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 by provisions of state or United States law, agreement or regulation may be made available, allotted or allocated to the this state in its sovereign capacity. |
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| 125 | 120 | | |
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| 126 | 121 | | B. The authority shall encourage activities deemed by it to be feasible for the production or storage of electric power or energy from solar energy, nuclear energy or geothermal energy, and may bargain for, take and receive such energy or the electrical power generated therefrom in its own name on behalf of the this state. |
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| 127 | 122 | | |
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| 128 | 123 | | C. For the purpose of making such power available to marketing areas of the this state, the authority may acquire or construct and operate electric transmission systems, standby or auxiliary plants and facilities and generate, store, produce, sell at wholesale, transmit and deliver such electric power to qualified purchasers, and if conducive to efficiency and convenience, may enter into agreements for interconnection or pooling with projects, plants, systems or facilities of other distributors of electric power. 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. |
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| 129 | 124 | | |
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| 130 | 125 | | D. All rights of persons and operating units under contracts existing on March 27, 1944, or any renewals thereof or supplements thereto, with the United States or any agency thereof, to power generated, or which that may be developed or generated, at Parker dam or at any other point below Hoover Dam on the main stream of the Colorado river are preserved, and such rights shall not be impaired or modified by any provisions or powers granted by this chapter. |
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| 131 | 126 | | |
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| 132 | 127 | | E. In addition to the power provided for under subsections A, B, C and D of this section, the authority may purchase, transmit or deliver for the this state, or any person or operating unit, power generated or produced from projects or works owned or operated by the United States or any agency thereof, or any state, person or operating unit, and for the purpose of delivering such power to available marketing areas the authority shall have the powers provided for by subsections A, B, C and D of this section. No A person or operating unit in the this state shall not become a purchaser of electrical power under this subsection unless a power purchase certificate is obtained as provided in article 3 of this chapter. END_STATUTE |
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| 133 | 128 | | |
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| 134 | 129 | | Sec. 4. Section 30-123, Arizona Revised Statutes, is amended to read: |
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| 135 | 130 | | |
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| 136 | 131 | | START_STATUTE30-123. Development programs for utilization of power; use of state property; right of eminent domain |
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| 137 | 132 | | |
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| 138 | 133 | | A. The authority shall formulate plans and development programs for the practical, equable and economical utilization of electric power placed under its supervision and control. The authority shall, subject to the provisions of this chapter, shall proceed to accomplish progressively and place the plans and programs in operation and effect. For such purpose the authority may exercise all or any of the powers and privileges granted by this chapter, singly or conjointly, severally independent or jointly with the United States or any department thereof, or with any person or operating unit, and may make application for, obtain, hold and use permits and licenses from the United States or any of its agencies for power sites, rights-of-way, rights and uses and other privileges. For such purpose the authority may make application, appropriations and filings under and in accordance with this chapter and chapter 1 of title 45, chapter 1 for power in the same manner as any other qualified person or operating unit, but without payment of fees or charges for filing any maps, plans or other data in connection therewith. |
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| 139 | 134 | | |
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| 140 | 135 | | B. The authority may use real property owned by the this state, not dedicated to public use, which that may be necessary as sites for any project, or facility or rights-of-way of the authority. When any lands or rights-of-way of the this state dedicated to public use are necessary for the construction, operation or maintenance of the projects or transmission systems, such lands or rights-of-way may be used therefor but in accordance with the terms and conditions of an agreement to be first entered into between the authority and the political subdivision or agency having jurisdiction over or control and management of the land or rights-of-way. |
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| 141 | 136 | | |
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| 142 | 137 | | C. The authority may acquire by lease, purchase or any other means, real property owned by the state or federal government and may dispose of such property by sale, lease or other means to persons engaged in projects deemed by the authority to be feasible for the production or storage of electric power or energy from solar, nuclear or geothermal energy, including projects for research and development in such fields. |
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| 143 | 138 | | |
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| 144 | 139 | | D. The authority may exercise the privilege and right of eminent domain and may condemn private property for public use in the same manner and to the same extent as 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. |
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| 145 | 140 | | |
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| 146 | 141 | | E. No A project, transmission system, work or facility shall not be constructed or otherwise acquired, unless and until after due consideration and investigation, it is determined by the authority to be feasible and economically sound, and that the project or facility will be self-financing and will be liquidated within a reasonable period of useful life as determined by the authority and until definite contracts or agreements are executed as provided by section 30-121. END_STATUTE |
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