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REFERENCE TITLE: replacement units; certificates; environmental compatibility |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2389 |
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Introduced by Representative Martinez
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AN ACT
amending section 40-360.03, arizona revised statutes; relating to the power plant and transmission line sitting committee.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 40-360.03, Arizona Revised Statutes, is amended to read:
40-360.03. Application for certificate of environmental compatibility before construction of facilities; electronic format; rules; exception
A. Except as provided in subsection subsections B and c of this section, every utility that plans to construct a plant or transmission line, or both, in this state shall first file with the commission an application for a certificate of environmental compatibility. The application shall be in a form prescribed by the commission and shall 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. The application shall also be accompanied by a receipt that evidences payment of the appropriate fee required by section 40-360.09. The commission shall promptly refer the application and accompanying information to the chairman of the committee for the committee's review and decision. The application and accompanying information may be submitted to the commission in an electronic format. The commission may adopt rules to accept electronic filings under this section and to ensure that proper notice is provided electronically to interested parties.
B. A utility may replace a conductor or wire on a transmission line or may replace an existing transmission line structure or structures with a new transmission line structure or structures without seeking a new certificate of environmental compatibility and without holding a hearing under this article if the replacement is on a transmission line that previously received a certificate of environmental compatibility or that was in use or authorized before August 13, 1971. All replacement conductors or structures shall comply with the terms and conditions of the applicable existing certificate of environmental compatibility.
C. A utility may replace an existing plant with a replacement plant or construct a new plant immediately adjacent to an existing plant without filing for or receiving a new certificate of environmental compatibility for the new or replacement plant if all of the following conditions are met:
1. The utility provides to the commission thirty days' written notice and holds at least one public comment session in the county where the existing plant is located.
2. The new or replacement plant is located on or immediately adjacent to the site of a plant that has previously received a certificate of environmental compatibility pursuant to this article or that was in use or authorized before August 13, 1971.
3. The aggregate nameplate rating of all plants that will be located on and immediately adjacent to the site after construction will be equal to or greater than the aggregate nameplate rating of all existing plants located on and immediately adjacent to the site before construction.