public nuisance; renewable energy; exceptions

Plain English Breakdown

The effective date is referenced but not defined in the provided official materials, creating uncertainty about when enforcement begins.

HB2267: Public Nuisance Rules for Renewable Energy

This bill makes utility-scale wind and solar farms built within four miles of a home illegal as public nuisances unless they meet specific exceptions, while requiring the Attorney General to take legal action against them.

What This Bill Does

• Classifies utility-scale wind or solar farms constructed on or after the effective date as a public nuisance if located within four miles of a residential property.
• Exempts projects from this rule if they received all zoning entitlements before the law takes effect.
• Allows an exemption for projects that voluntarily apply for and receive a Certificate of Environmental Compatibility approved by state agencies.
• Excludes rooftop solar systems from being classified as a public nuisance under this bill.
• Requires the Attorney General to file lawsuits in superior court to stop or remove these specific renewable energy projects.

Who It Names or Affects

• Developers of utility-scale wind farms and solar farms near residential areas
• The Arizona Attorney General's office

Terms To Know

Public Nuisance

An activity or condition that harms health, offends senses, blocks property use, or interferes with a community's enjoyment of life.

Utility-Scale Wind Farm or Solar Farm

Large energy generation facilities designed to produce power for the general grid rather than just one building.

Certificate of Environmental Compatibility

A permit issued by state agencies after reviewing a project's environmental impact and location factors.

Limits and Unknowns

• The bill does not specify the exact effective date in the provided text.
• The law only applies to projects constructed on or after the effective date, leaving existing farms unchanged unless they violate other laws.
• It is unclear how courts will define 'residential property' for measuring the four-mile distance.

Official Summary Text

HB2267 - 572R - House Bill Summary

ARIZONA HOUSE OF REPRESENTATIVES

57th
Legislature, 2nd Regular Session

Majority Research Staff

House
: NREW DPA 6-4-0-0

HB
2267
: public nuisance; renewable energy; exceptions

Sponsor:
Representative Marshall, LD 7

House
Engrossed

Overview

Classifies
certain renewable energy projects within four miles of a residential property
as a public nuisance. Provides exemptions for classification as a public
nuisance for specified renewable energy projects.

History

Current law allows the county attorney, the Attorney General or
the city attorney to bring an action in superior court to abate, enjoin and
prevent public nuisance.

It is a
public nuisance
for anything:

1)

to
be injurious to health, indecent, offensive to the senses or an obstruction to
the free use of property that interferes with the comfortable enjoyment of life
or property by an entire community or neighborhood or by a considerable number
of persons; and

2)

to
unlawfully obstruct the free passage or use, in the customary manner, of any
navigable lake, river, bay, stream, canal or basin, or any public park, square,
street or highway.

It is a
public nuisance
for any person to sell, offer
to sell, transfer, trade or disseminate any item which is obscene, within two
thousand feet, measured in a straight line, of the nearest boundary line of
any:

1)

building
used as a private or public elementary or high school;

2)

public
park; or

3)

residence
district.

Any person who knowingly maintains or commits a public
nuisance or who knowingly fails or refuses to perform any legal duty relating
to the removal of a public nuisance is guilty of a class 2 misdemeanor (
A.R.S. �
13-2917
).

The Power Plant
and Transmission Line Siting Committee receives all applications for a Certificates
of Environmental Compatibility (Certificate) by utilities that intend to
construct power plants or transmission lines and makes recommendations to the
Arizona Corporation Commission (ACC) after considering relevant factors. The
ACC then considers and votes on the Certificate matter in a public open meeting
and may accept, reject or modify the Committee's recommendations before issuing
a written decision on the Certificate application (
ACC
).

Provisions

1.

Classifies that
a utility-scale wind farm or solar farm within four miles of a residential
property constructed on or after the effective date as a public nuisance. (Sec.
1)

2.

States that a
utility-scale wind farm or solar farm that is constructed beginning on or after
this act takes effect is a public nuisance, except in the case of a:

a.

utility-scale
wind farm or solar farm that received all zoning entitlements before this act
took effect;

b.

utility-scale
wind farm or solar farm that voluntarily applies for and receives a valid Certificate;
or

c.

rooftop
solar system. (Sec. 1)

3.

Requires the
Attorney General bring an action in superior court to abate, enjoin and prevent
a renewable energy project constructed on or after this act takes effect. (Sec.
1)

4.

Makes technical and conforming
changes. (Sec. 1)

---------- DOCUMENT FOOTER ---------

Initials CW/RS��������������� HB
2267

2/27/2026� Page 0 House
Engrossed

---------- DOCUMENT FOOTER ---------

Current Bill Text

HB2267 - 572R - H Ver

House Engrossed

public nuisance;
renewable energy; exceptions

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2267

AN
ACT

amending section 13-2917, Arizona
Revised Statutes; relating to offenses against public order.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 13-2917, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2917.

Public nuisance;
abatement; classification

A. It is a public nuisance, and is no less a
nuisance because the extent of the annoyance or damage inflicted is unequal,
for anything:

1. To be injurious to health, indecent, offensive to
the senses or an obstruction to the free use of property that interferes with
the comfortable enjoyment of life or property by an entire community or
neighborhood or by a considerable number of persons.

2. To unlawfully obstruct the free passage or use,
in the customary manner, of any navigable lake, river, bay, stream, canal or
basin, or any public park, square, street or highway.

3. To be a utility-scale wind
farm or solar farm
that is constructed beginning on or
after the effective date of this amendment to this section within four miles of
a residential property.

B. It is a public nuisance for any person to sell,
offer to sell, transfer, trade or disseminate any
obscene

item
which is obscene
as defined in section 13-3501
,
within two thousand feet, measured in a straight line,
of the nearest boundary line of any of the following:

1. Any building used as a private or public
elementary or high school.

2. Any public park.

3. Any residence district as defined in section 28-101.

C. Notwithstanding any other law, a
utility-scale wind farm or solar farm that is constructed
beginning on or after the effective date of this amendment to this section
and that is located WITHIN four miles of a residential property is a
public nuisance, except that this subsection does not apply to any of the
following:

1. A
utility-scale
wind farm or solar farm that received all zoning entitlements before the
effective date of this amendment to this section.

2. A
utility-scale
wind farm or solar farm that voluntarily applies for and receives a certificate
of environmental compatibility from the power plant and transmission line
siting committee, and the certificate is affirmed and approved by an order of
the corporation commission pursuant to title 40, chapter 2, article 6.2.

3. A rooftop solar system.

C.

d.
The
county attorney, the attorney general or the city attorney may bring an action
in superior court to abate, enjoin and prevent the activity described in
subsections A and B of this section.�
The attorney general shall
bring an action in superior court to abate, enjoin and prevent the activity
described in subsection C of this section.

D.

E.
Any
person who knowingly maintains or commits a public nuisance or who knowingly
fails or refuses to perform any legal duty relating to the removal of a public
nuisance is guilty of a class 2 misdemeanor.
END_STATUTE