ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: NREW DPA 6-4-0-0

HB 2267: public nuisance; renewable energy; exceptions

Sponsor: Representative Marshall, LD 7

Caucus & COW

Overview

Classifies certain renewable energy projects within four miles of a residential property as a public nuisance. Provides exemptions for classification as a public nuisance for specified renewable energy projects.

History

Current law allows the county attorney, the Attorney General or the city attorney to bring an action in superior court to abate, enjoin and prevent public nuisance.

It is a public nuisance for anything:

1) to be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons; and

2) to unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene, within two thousand feet, measured in a straight line, of the nearest boundary line of any:

1) building used as a private or public elementary or high school;

2) public park; or

3) residence district.

Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).

The Power Plant and Transmission Line Siting Committee receives all applications for a Certificates of Environmental Compatibility (Certificate) by utilities that intend to construct power plants or transmission lines and makes recommendations to the Arizona Corporation Commission (ACC) after considering relevant factors. The ACC then considers and votes on the Certificate matter in a public open meeting and may accept, reject or modify the Committee's recommendations before issuing a written decision on the Certificate application (ACC).

Provisions

1. Classifies a utility-scale wind farm or solar farm within four miles of a residential property as a public nuisance. (Sec. 1)

2. States a renewable energy project that is constructed beginning on or after this act takes effect is a public nuisance, except in the case of a:

a. renewable energy project that received all zoning entitlements before this act took effect;

b. renewable energy project that voluntarily applies for and receives a valid Certificate; or

c. non-exporting rooftop solar system. (Sec. 1)

3. Requires the Attorney General bring an action in superior court to abate, enjoin and prevent a renewable energy project constructed on or after this act takes effect. (Sec. 1)

4. Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Natural Resources, Energy & Water

1. Stipulates classification as a public nuisance only applies to utility-scale wind or solar farms constructed on or after the effective date. (Sec. 1)

2. Replaces the term renewable energy project with utility-scale wind farm or solar farm. (Sec. 1)

3. Exempts rooftop solar systems from classification as a public nuisance. (Sec. 1)

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7. Initials CW/RS HB 2267

8. 2/13/2026 Page 0 Caucus & COW

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