ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: APPROP DP 11-5-0-2

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2389: replacement units; certificates; environmental compatibility

Sponsor: Representative Martinez, LD 16

Caucus & COW

Overview

Authorizes a utility to replace an existing electrical generating plant or construct a new plant without a new certificate of environmental compatibility under certain conditions.

History

Plant means each separate thermal electric, nuclear or hydroelectric generating unit with a nameplate rating of one hundred megawatts or more for which expenditures or financial commitments for land acquisition, materials, construction or engineering exceeding $50,000 have not been made before August 13, 1971.

Utility means any person engaged in the generation or transmission of electric energy (A.R.S. § 40-360).

The Arizona Corporation Commission (ACC)'s Power Plant and Transmission Line Siting Committee has jurisdiction over proposed electrical generating plants and above ground transmission lines that meet certain criteria. When a utility plans to build one of these facilities it must apply for a Certificate of Environmental Compatibility (CEC) and after review, public hearings and a vote by the Committee the utility may be granted the CEC for their proposed facility (A.R.S. Title 40, Chapter 2, article 6.2).

Provisions

1.   Allows a utility to replace an existing plant or construct a new plant immediately adjacent to an existing plant without a new CEC for the new or replacement plant if:

a.   the utility provides the ACC 30 days' written notice;

b.   holds at least one public comment session in the county where the existing plant is located;

c. the new or replacement plant is located on or immediately adjacent to the site of a plant that:

i. previously received a CEC; or

ii.   was in use or authorized before August 13, 1971;

d.   the aggregate nameplate rating of all plants that will be located on or adjacent to the site, after construction, will be equal to or greater than the aggregate nameplate rating of all existing plants located on or adjacent to the site before construction. (Sec. 1)

2.   Makes conforming change. (Sec. 1)

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6.   Initials CW                      HB 2389

7.   2/23/2026  Page 0 Caucus & COW

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