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REFERENCE TITLE: public utilities; plant construction; colocation |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2457 |
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Introduced by Representative Wilmeth
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AN ACT
amending title 40, chapter 2, article 6.2, arizona revised statutes, by adding section 40-360.14; relating to the power plant and transmission line sitting committee.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 40, chapter 2, article 6.2, Arizona Revised Statutes, is amended by adding section 40-360.14, to read:
40-360.14. Exemption; new plants colocated with large industrial energy users; rules
A. Notwithstanding sections 40-360.03 and 40-360.07, a utility, after providing thirty days' written notice to the commission and holding at least one public comment session in the county where the relevant plant is located, may construct a new plant without filing for or receiving a certificate of environmental compatibility for the new plant if all of the following conditions are met:
1. The new plant is colocated with a large industrial energy user and the large industrial energy user has received all applicable zoning entitlements.
2. The utility is a public service corporation or public power entity doing business in this state.
B. The commission shall adopt rules to implement this section that include a definition for each of the following terms:
1. Colocated with. The commission's definition must specify one or both of the following:
(a) The distance in feet or parcels between the site of a large industrial energy user and the site of a plant.
(b) The quality or nature of the electrical interconnection between the large industrial energy user and the plant.
2. Large industrial energy user. The commission's definition:
(a) must specify the peak or average annual or monthly energy demand of the user that is measured in megawatts or megawatt hours.
(b) May not discriminate between different:
(i) Industries, sectors or end users and the owners or operators of end users or the proposed locations of end users.
(ii) End users in any other capacity beyond the use of energy demand and other electrical-related operating needs or characteristics.
C. The commission may adopt definitions for any other terms the commission deems reasonable or necessary to implement this section.