public nuisance; renewable energy; exceptions

Plain English Breakdown

The bill summary does not provide specific details on how existing projects will be affected.

Renewable Energy Projects and Public Nuisances

This bill changes Arizona law to classify certain utility-scale wind farms and solar farms built within four miles of residential properties as public nuisances, but provides exceptions for some types of projects.

What This Bill Does

• Changes the definition of a public nuisance to include utility-scale wind farms and solar farms that start construction after this bill becomes law and are located within four miles of a residential property.
• Requires the Attorney General to take legal action in superior court to stop or prevent these renewable energy projects if they become public nuisances.
• Exempts certain types of renewable energy projects from being classified as public nuisances, such as those that had all zoning approvals before this bill became law and those that voluntarily apply for and receive a certificate of environmental compatibility.

Who It Names or Affects

• People who live near proposed utility-scale wind farms or solar farms within four miles of their homes.
• Utility companies planning to build wind farms or solar farms in Arizona.
• The Attorney General and other legal authorities responsible for enforcing the law.

Terms To Know

public nuisance

Something that is harmful, offensive, or obstructive to a community or neighborhood.

utility-scale wind farm or solar farm

Large renewable energy projects designed for widespread electricity distribution.

Limits and Unknowns

• The bill does not specify what happens if a project is built before the law takes effect but starts operating after.
• It's unclear how this change will affect existing utility-scale wind farms or solar farms near residential areas.

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

Caucus
& COW

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 a
utility-scale wind farm or solar farm within four miles of a residential
property as a public nuisance. (Sec. 1)

2.

States a
renewable energy project that is constructed beginning on or after this act
takes effect is a public nuisance, except in the case of a:

a.

renewable
energy project that received all zoning entitlements before this act took
effect;

b.

renewable
energy project that voluntarily applies for and receives a valid Certificate; or

c.

non-exporting
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)

Amendments

Committee on
Natural Resources, Energy & Water

1.

Stipulates
classification as a public nuisance only applies to utility-scale wind or solar
farms constructed on or after the effective date. (Sec. 1)

2.

Replaces the
term renewable energy project with utility-scale wind farm or solar farm. (Sec.
1)

3.

Exempts rooftop solar systems
from classification as a public nuisance. (Sec. 1)

4.

5.

6.

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FOOTER ---------

7.

Initials CW/RS��������������� HB
2267

8.

2/13/2026� Page 0 Caucus
& COW

9.

10.

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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