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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
small modular reactors; zoning; approval
Purpose
Prohibits county ordinances from restricting the use of land for the construction of a small modular reactor (SMR) if, prior to the construction, the SMR provides evidence of adherence to outlined federal site permits and design certifications to the corresponding county board of supervisors (county BOS).
Background
In 1969, the
Legislature adopted the Western Interstate Nuclear Compact (Compact). The
Compact states that party states of the Compact recognize that the proper
employment of scientific and technological discoveries and advances in nuclear
and related fields and direct and collateral application and adaptation of
process and techniques, properly correlated with the other resources of the
region, can assist substantially in the industrial progress of the west and the
further development of the economy of the region. The Compact also states that
it is the policy of the party states to undertake such cooperation on a
continuing basis and that it is the purpose of the Compact to provide the
instruments and framework for such a cooperative effort in nuclear and related
fields, to enhance the economy of the west and contribute to the individual and
community
well-being of the region's people (A.R.S.
§ 30-701).
The county BOS may adopt a zoning ordinance to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted must be consistent with and conform to the adopted comprehensive plan (A.R.S. § 11-811).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits any county zoning ordinance from preventing, restricting or otherwise regulating the use or occupation of land or improvements for the construction and operation of a SMR if prior to the construction of the SMR:
a) the owner or operator of the SMR has voluntarily applied for and received an early site permit for the SMR site from a federal agency or commission that regulates public health and safety relating to the operation of nuclear reactors, and the owner or operator of the SMR has conducted the relevant public notice and comment process that is required before obtaining a voluntary early site permit;
b) the SMR has received a design certification from a federal agency or commission that regulates public health and safety relating to the operation of nuclear reactors; and
c) the owner or operator of the SMR has submitted to the corresponding county BOS in which the proposed SMR is located evidence of:
i. the completion of the required public notice and comment period;
ii. the early site permit issued by a federal agency or commission that regulates public health and safety relating to the operation of nuclear reactors; and
iii. the design certification for the small modular reactor.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
NREW 2/3/26 DP 6-4-0-0
3rd Read 2/26/26 31-23-6
Prepared by Senate Research
March 20, 2026
SB/NRG/hk