board; votes; wind; solar projects

Plain English Breakdown

The effective date is not provided in the official source material, so it remains unknown when these rules begin to apply.

HB2338: Voting Rules for Wind and Solar Projects in Small Counties

This law sets specific voting requirements that county boards with fewer than 500,000 people must follow before approving wind or solar projects.

What This Bill Does

• Requires all board members who can vote to be present for the vote on these project applications.
• Mandates that a majority of the full board votes yes to approve an application.
• Needs approval from every supervisory district where part of the project is located.
• Stops voting if there is any empty seat or missing member until everyone returns or the vacancy is filled.
• Requires all remaining eligible members to vote unanimously if a recused member represents a district with part of the project.

Who It Names or Affects

• County boards in Arizona with populations under 500,000
• Applicants seeking conditional use permits or zoning changes for wind or solar projects

Terms To Know

Conditional use permit

A special permission that allows a specific land use not normally allowed in an area.

Supervisory district

The geographic area represented by one member of the county board.

Recuses himself

When a board member chooses not to vote because they have a conflict or personal interest in the matter.

Limits and Unknowns

• This law only applies to counties with fewer than 500,000 residents.
• The text does not state when this new rule will officially take effect.
• The bill does not explain what happens if a district cannot vote due to an empty seat.

Official Summary Text

HB2338 - board; votes; wind; solar projects

Current Bill Text

HB2338 - 572R - I Ver

REFERENCE TITLE:
board; votes; wind; solar projects

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2338

Introduced by

Representatives
Heap: Marshall

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:

START_STATUTE
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.�
END_STATUTE