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2026 Op. Ariz. Att'y Gen. 1 (2026)

handle is hein.sag/sagaz0127 and id is 1 raw text is: STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OPINION No. 126-001 (R25-010) By Re: Constitutionality of Arizona's Utility KRIS MAYES Securitization Bill H.B. 2679 (2025) ATTORNEY GENERAL February 4, 2026 To: The Honorable Christopher Mathis State Representative 1700 West Washington Street, Suite H Phoenix, Arizona 85007 Questions Presented On May 13, 2025, Governor Hobbs signed Arizona's new utility securitization bill into law. H.B. 2679, 57th Leg., 1st Reg. Sess. (2025). Arizona's electric utilities can now securitize certain operational costs and assets, issue bonds, and pass the cost to service those bonds on to their customers through a bill surcharge or Financing Charge. See A.R.S. §§ 30-1001 et seq; A.R.S. §§ 40-601 etseq. Your Request presents three constitutional questions: 1. Do the provisions of H.B. 2679 that limit judicial review of an approved securitization transaction violate constitutional separation of powers requirements? 2. Do the provisions of H.B. 2679 that identify the exclusive judicial remedies available to customers violate Ariz. Const. art. 18, § 6, the anti-abrogation clause?