ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: AII DPA 4-3-0-0 |Third Read 32-22-5-0-1

Senate: RAGE DPA/SE 4-1-2-0 | Third Read 16-12-2-0

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

HB 2456: small modular reactors; zoning; co-location

NOW: nuclear-ready communities; comprehensive plans

Sponsor: Representative Wilmeth, LD 2

Senate Engrossed

The House Engrossed version of HB 2456 restricts any county from regulating small modular reactors (SMRs) if the SMR is colocated with an extra high load factor customer that received proper zoning entitlements and provided public notice and comment session in the county where the SMR is proposed.

The Senate adopted a strike-everything amendment that does the following:

Overview

Requires the Arizona Commerce Authority (ACA), in consultation with the Arizona Corporation Commission (ACC), to develop and adopt criteria for awarding a nuclear-ready community designation to an eligible community.

History

A county's board of supervisors may adopt a zoning ordinance to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance must be consistent with the county's comprehensive plan (A.R.S. § 11-811).

SMRs are nuclear fission reactors that produce electrical energy output and are smaller in both size and output from more traditional, larger nuclear reactors. SMRs vary in size, technology options, capabilities, deployment scenarios and output. These reactors vary in size from tens of megawatts up to hundreds of megawatts, can be used for power generation, process heat, desalination or other industrial uses. SMR designs may employ light water as a coolant or other non-light water coolants such as a gas, liquid metal or molten salt (DOE).  

Provisions

Plan

1.   Adds that a county's Plan may include studies and recommendations relative to electrical power production and demand, including SMRs and data centers. (Sec. 1)

2.   Instructs counties with 125,000 persons or more to include, and other counties may include, land-use that designates the general distribution, location and extent of land uses for energy. (Sec. 1)

3.   Adds that the land use plan must include the designation of the proposed general distribution, location and extent of the land's uses for construction and operation of extra high load factor customers, including data centers and facilities that are appropriate to the county. (Sec. 1)

4.   Removes the requirement that an energy use identify policies and practices for greater use of renewable energy. (Sec. 1)

5.   Adds that the energy use Plan must designate the proposed general distribution, location and extent of the uses of the land for construction and operation of thermal and nonthermal electric generating units appropriate to the county. (Sec. 1)

Nuclear Generating Unit (Unit)

6.   Requires an applicant for a certificate of environmental compatibility (Certificate) for a plant that is a Unit to prioritize the siting and development of the Unit at a site in or near a nuclear-ready community. (Sec. 2)

7.   Stipulates that, if the application for a Certificate is for a site that is not in or near a nuclear-ready community, the application must:

a.   describe each nuclear-ready community the applicant considered for the plant's siting and development; and

b.   explain why the applicant did not select a site that is in or near a nuclear-ready community. (Sec. 2)

8.   Specifies that the applicant's selection of a site for the siting and development of a Unit that is not located in or near a nuclear-ready community does not automatically disqualify the site for a Certificate. (Sec. 2)

9.   Requires the Power Plant and Transmission Line Siting Committee, when evaluating a site's suitability for a plant that is a Unit, to consider:

a.   the content of all resolutions that a nuclear-ready community has adopted; or

b.   if the nuclear-ready community is an unincorporated census-designated place. (Sec. 2)

Nuclear-Ready Community Designation

10.  Instructs the ACA, in consultation with the ACC, to develop and adopt criteria for awarding a nuclear-ready community designation to community that demonstrates that the community is willing and ready for the siting and development of a Unit in or near the community. (Sec. 3)

11.  Outlines criteria for a nuclear-ready community designation. (Sec. 3)

12.  Allows the governing body of a municipality or county board of supervisors, on behalf of an unincorporated census-designated place, to voluntarily apply to the ACA for a nuclear-ready community designation. (Sec. 3)

13.  Requires the ACA to evaluate the application and award the designation based on the outlined criteria. (Sec. 3)

14.  Requires each county with 125,000-person or more to amend their counties Plan within four years of the effective date of this legislation. (Sec. 4)

15.  Defines nuclear ready community and community. (Sec. 2, 3)

16.  Makes technical changes. (Sec. 1)

 

 

 

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Initials TM/IG                       HB 2456

4/15/2026        Page 0 Senate Engrossed

 

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