HB2338 • 2026

board; votes; wind; solar projects

HB2338 - board; votes; wind; solar projects

Elections Energy

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Ralph Heap, David Marshall, Sr.
Last action: 2026-01-21
Official status: House second read
Effective date: Not listed

Plain English Breakdown

The candidate explanation incorrectly stated that the bill affects county boards in Arizona with less than 500,000 people. The official source material does not specify this limitation.

Wind and Solar Projects Voting Rules

This bill changes how county boards in Arizona with less than 500,000 people can approve wind and solar projects by requiring certain voting rules.

What This Bill Does

Requires all board members who are allowed to vote to be present when deciding on wind or solar project applications.
Needs a majority of the board members to agree before approving an application for a wind or solar project.
Each supervisory district where part of the project will be located must also approve the application.
Does not allow voting if there is a vacancy on the board until it is filled.

Who It Names or Affects

County boards in Arizona with less than 500,000 people
People applying for wind or solar projects

Terms To Know

conditional use permit: A special permission needed to build something that is not allowed by default in a certain area.
supervisory district: An area within a county that has its own representative on the board.

Limits and Unknowns

Does not apply to counties with more than 500,000 people.
The bill does not specify what happens if a member of the board cannot vote due to a conflict of interest.

Bill History

2026-01-21 House
House second read
2026-01-20 House
House Rules: None
2026-01-20 House
House Government: None
2026-01-20 House
House first read

Official Summary Text

HB2338 - board; votes; wind; solar projects

Current Bill Text

Read the full stored 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