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REFERENCE TITLE: board; votes; wind; solar projects |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2338 |
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Introduced by Representatives Heap: Marshall
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AN ACT
amending title 11, chapter 6, article 2, arizona revised statutes, by adding section 11-820.05; relating to county zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.05, to read:
11-820.05. Zoning; wind and solar projects; use permits; voting; applicability
A. Notwithstanding any other law, in a county with a population of less than five hundred thousand persons, the board may not approve an application for a conditional use permit, special use permit or other zoning change or variance for a proposed wind project or solar project unless all of the following occur:
1. All members of the board who are entitled to vote are present for the vote.
2. A majority of the members vote to approve the application.
3. Each supervisory district where a portion of the proposed wind project or solar project is located votes to approve the application.
B. If there is a vacancy on the board, the board may not vote on the application until the vacancy has been filled.
C. If a board member is absent, the board may not vote on the application until all board members are present to vote.
D. If a board member recuses himself and the recused member represents a district where a portion of the proposed wind project or solar project is located, the vote of all the remaining members that are eligible to vote must be unanimous.