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HB2389 • 2026

replacement units; certificates; environmental compatibility

HB2389 - replacement units; certificates; environmental compatibility

Energy
Passed Legislature

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

Sponsor
Teresa Martinez
Last action
2026-03-18
Official status
Senate second read
Effective date
Not listed

Plain English Breakdown

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

replacement units; certificates; environmental compatibility

HB2389 - 572R - House Bill Summary ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff House: APPROP DP 11-5-0-2 HB 2389 : replacement units; certificates; environmental compatibility Sponsor: Representative Martinez, LD 16 House Engrossed Overview Authorizes a utility to replace an existing electrical generating plant or construct a new plant without a new certificate of environmental compatibility under certain conditions.

What This Bill Does

  • HB2389 - 572R - House Bill Summary ARIZONA HOUSE OF REPRESENTATIVES 57th Legislature, 2nd Regular Session Majority Research Staff House: APPROP DP 11-5-0-2 HB 2389 : replacement units; certificates; environmental compatibility Sponsor: Representative Martinez, LD 16 House Engrossed Overview Authorizes a utility to replace an existing electrical generating plant or construct a new plant without a new certificate of environmental compatibility under certain conditions.
  • History Plant means each separate thermal electric, nuclear or hydroelectric generating unit with a nameplate rating of one hundred megawatts or more for which expenditures or financial commitments for land acquisition, materials, construction or engineering exceeding $50,000 have not been made before August 13, 1971.
  • Utility means any person engaged in the generation or transmission of electric energy ( A.R.S.
  • � 40-360 ).

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.

Bill History

  1. 2026-03-18 Senate

    Senate second read

  2. 2026-03-17 Senate

    Senate Rules: None

  3. 2026-03-17 Senate

    Senate Natural Resources: None

  4. 2026-03-17 Senate

    Senate first read

  5. 2026-03-11 Senate

    Transmitted to Senate

  6. 2026-03-11 House

    House third read passed

  7. 2026-03-10 House

    House committee of the whole

  8. 2026-03-03 House

    House minority caucus

  9. 2026-03-03 House

    House majority caucus

  10. 2026-03-02 House

    House consent calendar

  11. 2026-01-21 House

    House second read

  12. 2026-01-20 House

    House Rules: C&P

  13. 2026-01-20 House

    House Appropriations: DP

  14. 2026-01-20 House

    House Natural Resources, Energy & Water: W/D

  15. 2026-01-20 House

    House first read

Official Summary Text

HB2389 - 572R - House Bill Summary

ARIZONA HOUSE OF REPRESENTATIVES

57th
Legislature, 2nd Regular Session

Majority Research Staff

House:
APPROP DP 11-5-0-2

HB
2389
: replacement units; certificates; environmental compatibility

Sponsor:
Representative Martinez, LD 16

House
Engrossed

Overview

Authorizes
a utility to replace an existing electrical generating plant or construct a new
plant without a new certificate of environmental compatibility under certain
conditions.

History

Plant
means each separate thermal electric,
nuclear or hydroelectric generating unit with a nameplate rating of one hundred
megawatts or more for which expenditures or financial commitments for land
acquisition, materials, construction or engineering exceeding $50,000 have not
been made before August 13, 1971.

Utility
means any person engaged in the
generation or transmission of electric energy (
A.R.S. � 40-360
).

The
Arizona Corporation Commission (ACC)'s Power Plant and Transmission Line Siting
Committee has jurisdiction over proposed electrical generating plants and above
ground transmission lines that meet certain criteria. When a utility plans to
build one of these facilities it must apply for a Certificate of Environmental
Compatibility (CEC) and after review, public hearings and a vote by the
Committee the utility may be granted the CEC for their proposed facility (
A.R.S.
Title 40, Chapter 2, article 6.2
).

Provisions

1.

Allows a
utility to replace an existing plant or construct a new plant immediately
adjacent to an existing plant without a new CEC for the new or replacement
plant if:

a.

the utility
provides the ACC 30 days' written notice;

b.

holds at
least one public comment session in the county where the existing plant is
located;

c.

the new or
replacement plant is located on or immediately adjacent to the site of a plant
that:

i.

previously
received a CEC; or

ii.

was in use
or authorized before August 13, 1971;

d.

the
aggregate nameplate rating of all plants that will be located on or adjacent to
the site, after construction, will be equal to or greater than the aggregate
nameplate rating of all existing plants located on or adjacent to the site before
construction. (Sec. 1)

2.

Makes
conforming change. (Sec. 1)

3.

4.

5.

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FOOTER ---------

6.

Initials CW��������������������� HB
2389

7.

4/8/2026��� Page 0 House
Engrossed

8.

9.

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FOOTER ---------

Current Bill Text

Read the full stored bill text
HB2389 - 572R - H Ver

House Engrossed

replacement units;
certificates; environmental compatibility

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2389

AN
ACT

amending section 40-360.03, arizona
revised statutes; relating to the power plant and transmission line sitting
committee.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 40-360.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
40-360.03
.
Application
for certificate of environmental compatibility before construction of
facilities; electronic format; rules; exception

A. Except
as provided in
subsection

subsections
B

and c
of this section, every utility that plans to
construct a plant or transmission line, or both, in this state shall first file
with the commission an application for a certificate of environmental
compatibility. The application shall be in a form prescribed by the
commission and shall be accompanied by information with respect to the proposed
type of facilities and description of the site, including the areas of
jurisdiction affected and the estimated cost of the proposed facilities and
site. The application shall also be accompanied by a receipt that
evidences payment of the appropriate fee required by section 40-360.09.
The commission shall promptly refer the application and accompanying
information to the chairman of the committee for the committee's review and
decision. The application and accompanying information may be
submitted to the commission in an electronic format.� The commission may adopt
rules to accept electronic filings under this section and to ensure that proper
notice is provided electronically to interested parties.

B. A utility may replace a conductor or wire on a
transmission line or may replace an existing transmission line structure or
structures with a new transmission line structure or structures without seeking
a new certificate of environmental compatibility and without holding a hearing
under this article if the replacement is on a transmission line that previously
received a certificate of environmental compatibility or that was in use or
authorized before August 13, 1971. All replacement conductors or
structures shall comply with the terms and conditions of the applicable
existing certificate of environmental compatibility.

C. A utility may replace an existing
plant with a replacement plant or construct a new plant immediately adjacent to
an existing plant without filing for or receiving a new certificate of
environmental compatibility for the new or replacement plant if all of the
following conditions are met:

1. The utility provides to the
commission thirty days' written notice and holds at least one public comment
session in the county where the existing plant is located.

2. The new or replacement plant is
located on or immediately adjacent to the site of a plant that has previously
received a certificate of environmental compatibility pursuant to this article
or that was in use or authorized before August 13, 1971.

3. The
aggregate nameplate rating of all plants that will be located on and
immediately adjacent to the site after construction will be equal to or greater
than the aggregate nameplate rating of all existing plants located on and
immediately adjacent to the site before construction.
END_STATUTE