The proposed bill would amend current statutes to prohibit counties from preventing, restricting, or regulating the use of land for the construction and operation of electric generating units that have received a Certificate of Environmental Compatibility from the Arizona Corporation Commission (ACC). Specifically, it would insert provisions that allow for the construction and operation of both thermal and nonthermal electric generating units under certain conditions, including compliance with air quality standards and other regulatory requirements. Additionally, it would allow utilities to replace existing plants or construct new plants adjacent to current sites without needing a new Certificate, provided they meet specified criteria.

Current law, which requires utilities to file for a Certificate before constructing plants or transmission lines, would remain unchanged, but the bill would add new language that facilitates the process for certain projects. The bill would also clarify the conditions under which nonthermal electric generating units can voluntarily apply for a Certificate, particularly when located on private land in specific population counties or on state trust lands in groundwater basins. Furthermore, it would ensure that the acquisition of former state trust lands for these projects is conducted fairly, without favoritism towards any particular industry during public auctions.

Statutes affected:
Introduced Version: 11-812
House Engrossed Version: 11-812, 40-360.03, 3-111, 36-136, 13-3401, 36-2801, 27-301, 3-112, 49-141, 9-462.01, 27-446, 27-441, 27-303
Senate Engrossed Version: 11-812, 40-360.03, 48-3609.01, 3-111, 36-136, 13-3401, 36-2801, 27-301, 3-112, 49-141, 9-462.01, 37-101, 27-446, 27-441, 27-303, 40-360.09