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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
small
modular reactors; zoning; co location
(NOW: nuclear-ready communities; comprehensive plans)
Purpose
Modifies the requirement for a county to adopt or readopt a long-term comprehensive plan and outlines requirements for the siting and development of nuclear generating units in designated nuclear-ready communities.
Background
Statute requires all counties to adopt or readopt a long-term comprehensive plan, formulated by the county planning and zoning commission and adopted by the county board of supervisors, for the development of the area of jurisdiction. The comprehensive plan must be with a general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction in accordance with the present and future needs of the county. The comprehensive plan must be developed to conserve the natural resources of the county, ensure efficient expenditure of public monies and promote the health, safety, convenience and general welfare of the public. The comprehensive plan must include a number of elements, including land use, growth areas, transportation, water resources, energy, open space, environmental and cost of development. The comprehensive plan must be a public record, but its purpose and effect must be primarily as an aid to the county planning and zoning commission and to the board of supervisors in the performance of their duties. A county long-term comprehensive plan is effective for up to 10 years after the date the plan was initially adopted or until the plan is readopted or a new plan is adopted (A.R.S. §§ 11-804 and 11-805).
Any utility that plans to construct a plant, transmission line or both in Arizona must first file with the Arizona Corporation Commission (ACC) an application for a certificate of environmental compatibility. The application must be in a form prescribed by the ACC and must be accompanied by information with respect to the proposed type of facilities and description of the site, including the areas of jurisdiction affected and the estimated cost of the proposed facilities and site. A utility may not construct a plant or transmission line within Arizona until it has received a certificate of environmental compatibility from the Power Plant and Line Siting Committee (Committee) with respect to the proposed site, affirmed and approved by an order of the ACC which must be issued less than 30 days or more than 60 days after the certificate of environmental compatibility is issued by the Committee (A.R.S. §§ 40-360.03 and 40-360.07).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the long-term comprehensive plan for a county to include studies and recommendations relative to the location, character and extent of electric power production and demand, including small modular reactors and data centers.
2. Requires the long-term comprehensive plan for a county with a population of more than 125,000 persons to include:
a) planning for land use that designates the proposed general distribution, location and extent of uses of land for energy and mining appropriate for the county;
b) planning for land use that designates the proposed general distribution, location and extent of the use of the land for the consideration and operation of extra high load factor customers, including data centers and data center facilities that are appropriate to the county; and
c) planning for energy use that designates 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, including small modular reactors.
3. Allows a long-term comprehensive plan for all other counties to include:
a) planning for land use that designates the proposed general distribution, location and extent of land uses of energy and mining appropriate for the county;
b) planning for land use that designates the proposed general distribution, location and extent of the use of the land for the consideration and operation of extra high load factor customers, including data centers and data center facilities that are appropriate to the county; and
c) planning for energy use that designates 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, including small modular reactors.
4. Removes the specification that the long-term comprehensive plan for a county include planning for energy use that identifies policies and practices for greater use of renewable energy.
5. Requires a county with a population of more than 125,000 persons to amend its long-term comprehensive plan to comply with the modified comprehensive plan requirements within four years of the general effective date.
Siting of Nuclear Generating Units
7. Requires the application, if the application for a certificate of environmental compatibility is for a site that is not located in or near a nuclear-ready community, to describe each nuclear-ready community the applicant considered for siting and development of the plant and explain why the applicant did not select a site that is located in or near a nuclear-ready community.
8. Specifies that the applicant's selection of a site for the siting and development of a nuclear generating unit that is not located in or near a nuclear-ready community does not automatically disqualify the site for a certificate of environmental compatibility.
9. Requires the Committee, when evaluating the suitability of a site for a plant that is a nuclear generating unit, to consider, as evidence of the site's suitability for the plant, the content of all resolutions:
a) a nuclear-ready community has adopted; or
b) the county board of supervisors has adopted on behalf of a nuclear-ready community if the nuclear-ready community is an unincorporated census-designated place.
10. Requires the Arizona Commerce Authority (ACA), in consultation with the ACC, to develop and adopt criteria for awarding a nuclear-ready community designation to a community that demonstrates that the community is willing and ready for the siting and development of a nuclear generating unit in or near the community.
11. Requires the criteria to attain a nuclear-ready community designation to include all of the following:
a) the community holding local public educational meetings to educate residents and property owners in and around the community on nuclear energy technologies, the nuclear energy ecosystem and the role that nuclear energy-related development could play in the community;
b) the availability of one or more sites in or around the community that may be suitable for the siting and development of a nuclear generating unit;
c) if the community is a municipality, the municipality's governing body adopting a resolution that declares that the community is willing and ready for the siting and development of a nuclear generating unit in or near the community;
d) if the community is an unincorporated census-designated place, the adoption of a resolution by the board of supervisors of the county where the unincorporated census designated place is located adopting a resolution that declares that the community is willing and ready for the siting and development of a nuclear generating station in or near the community and indicating the board of supervisor's endorsement of the community's declaration; and
e) a statement indicating whether the community or the community's residents or property owners have opposed or rejected any major infrastructure projects or employers in the last five years that sought to locate or develop in or around the community and, if any were opposed or rejected, the reasons why the community or the community's residents or property owners opposed or rejected the project or employer.
12. Requires the adopted resolution to include:
a) the community's willingness and readiness to facilitate the application for and procurement of early site permits, construction permits or combined operating licenses from the U.S. Nuclear Regulatory Commission for the siting and development of a nuclear generating unit in or near the community, including, if applicable, an identification of the public, regulatory, permitting or infrastructure support the community is willing and ready to provide;
b) the identification, location and previous use of each site in or near the community that the community believes is suitable for the siting and development of a nuclear generating unit; and
c) a description of the economic and demographic condition of the community and, if known, the economic impact that the siting and development of a nuclear generating unit in or near the community would have on the community, including:
i. the number of jobs that could be created;
ii. the amount of infrastructure that could be developed;
iii. the amount of additional capital investment that could be made; and
iv. the amount of additional public revenues that could be collected.
13. Allows the governing body of a municipality or a county board of supervisors on behalf of an unincorporated census-designated place to voluntarily apply to the ACA for a nuclear-ready community designation in the form and manner prescribed by the ACA.
14. Requires the ACA to evaluate the application and award the designation based on the established criteria.
Miscellaneous
15. Defines a nuclear-ready community as a city, town or unincorporated census-designated place that has been awarded a nuclear-ready community designation by the ACA.
16. Defines community as a municipality or an unincorporated census designated area.
17. Makes technical changes.
18. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Amendments Adopted by Committee of the Whole
2. Requires the application, if the application for a certificate of environmental compatibility is for a site that is not located in or near a nuclear-ready community, to describe each nuclear-ready community the applicant considered for siting and development of the plant and explain why the applicant did not select a site that is located in or near a nuclear-ready community.
3. Specifies that the applicant's selection of a site for the siting and development of a nuclear generating unit that is not located in or near a nuclear-ready community does not automatically disqualify the site for a certificate of environmental compatibility.
4. Requires the Committee, when evaluating the suitability of a site for a plant that is a nuclear generating unit, to consider, as evidence of the site's suitability for the plant, the content of all resolutions:
a) a nuclear-ready community has adopted; or
b) the county board of supervisors has adopted on behalf of a nuclear-ready community if the nuclear-ready community is an unincorporated census-designated place.
5. Requires the ACA, in consultation with the ACC, to develop and adopt criteria for awarding a nuclear-ready community designation to a community that demonstrates that the community is willing and ready for the siting and development of a nuclear generating unit in or near the community.
6. Outlines the criteria for a nuclear-ready community designation.
7. Defines community and a nuclear-ready community.
8. Makes technical changes.
Senate Action
RAGE 3/11/26 DPA/SE 4-3-0
Prepared by Senate Research
April 15, 2026
JT/NRG/ci