public nuisance; renewable energy; exceptions

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

public nuisance; renewable energy; exceptions

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.

What This Bill Does

• 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.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

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)

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Initials CW/RS��������������� HB
2267

2/27/2026� Page 0 House
Engrossed

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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